영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff has operated a general restaurant (hereinafter “instant business”) with the trade name “C cafeteria” located in Jung-gu Seoul Metropolitan Government B.
B. On December 8, 2017, at the instant establishment around 19:15, the Plaintiff, on the grounds that the instant establishment provided four juveniles, including D (15) (hereinafter “instant juveniles”) to the juvenile, and sold the instant juvenile by providing the juvenile with two diseases, two beer, etc.
C. The plaintiff B.
On the ground that the instant juvenile sold alcoholic beverages to the instant juveniles as described in Paragraph (1), he/she was indicted for a violation of the Juvenile Protection Act, and issued a summary order of KRW 500,000 on May 14, 2018, and requested formal trial on July 5, 2018.
The Seoul Northern District Court (2018No1799) sentenced the Plaintiff to a fine of KRW 500,000 on January 18, 2019, and thereafter, the Plaintiff appealed, but the Supreme Court (No. 2019Do1841) decided the dismissal of appeal on March 15, 2019, which became final and conclusive on March 21, 2019.
(hereinafter referred to as “related criminal case”). D.
The defendant against the plaintiff on May 27, 2019, and the plaintiffNa.
The instant juveniles provided alcoholic beverages to the instant juveniles as described in the subsection.
(hereinafter referred to as “instant violating act”) imposed a disposition of business suspension under Articles 44(2)4 and 75 of the former Food Sanitation Act (wholly amended by Act No. 15943, Dec. 11, 2018) (hereinafter referred to as “instant disposition”) (hereinafter referred to as “instant disposition”) for two months from June 10, 2019 to August 8, 2019).
E. The Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission to the effect that the instant disposition is revoked, but the Seoul Special Metropolitan City Administrative Appeals Commission dismissed the claim on July 8, 2019.
F. On August 29, 2019, the Defendant changed the period of suspension of business to “from September 23, 2019 to November 21, 2019” and notified the Plaintiff of the instant disposition.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, 8, Eul evidence 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful