beta
(영문) 부산지방법원 2019.04.10 2019구단51

영업정지처분취소(감경)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. Upon completion of the business report on March 3, 2004, the Plaintiff had operated a general restaurant (hereinafter “instant general restaurant”) with trade name in the Seocho-gu, Busan.

B. On September 24, 2018, at the instant establishment, the Plaintiff provided 2 soldiers, beer, three soldiers, etc. without verifying the identification card to two juveniles, and the police discovered the identification card and notified the Defendant on the same day.

In relation to the above provision, the plaintiff was charged with summary service as Busan District Court 2018 High Court Decision 11671 and was issued a summary order on December 20, 2018, and the above summary order became final and conclusive as it is.

C. On November 8, 2018, the Defendant rendered a disposition to suspend the business of the instant establishment for three months on the ground that the Plaintiff provided alcoholic beverages to juveniles as above.

Plaintiff

On November 20, 2018, Busan Metropolitan City Administrative Appeals Commission filed an administrative appeal seeking the revocation of the above disposition.

On December 18, 2018, the Committee rendered a ruling to revise the two-month business suspension disposition as the one-month business suspension disposition. Accordingly, on January 17, 2019, the Defendant determined the business suspension period from January 14, 2019 to February 12, 2019 and imposed one-month business suspension disposition.

(hereinafter “Disposition in this case”). 【Disposition in this case’s ground for recognition’s absence of dispute, entry of Gap’s evidence 1 through 3, Eul’s evidence 1 through 5-4 (including branch numbers in case of additional number) and the purport of the whole pleadings in this court.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was unable to inspect the identification card of the juveniles admitted to the Plaintiff with adults, not intentional or gross negligence, and operated the instant establishment in good faith despite the Plaintiff’s lack of health. Prior to the instant case, prior to the instant disposition, the Plaintiff is threatened with the Plaintiff’s livelihood.