과징금부과처분취소
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 is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “C” in Daejeon Jung-gu.
B. At around 22:00 on December 23, 2017, the Plaintiff’s employee D sold alcoholic beverages, which are juvenile harmful substances, without verifying the age of four, including E (18) juveniles, at the instant restaurant. On February 12, 2018, the Prosecutor of the Daejeon District Prosecutors’ Office issued a disposition of suspending prosecution on the suspected violation of the Juvenile Protection Act.
C. On February 28, 2018, the Defendant issued a disposition imposing a penalty surcharge of KRW 33,600,000 in lieu of 30 days of business suspension (hereinafter “instant disposition”) in consideration of the following: (a) the Plaintiff was subject to an administrative disposition on the ground that the Plaintiff’s employees D were offered the foregoing, but the suspension of indictment was imposed on the Plaintiff’s employees D.
The plaintiff appealed against this and filed an administrative appeal, but the claim was dismissed on April 30, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 8, Eul evidence 1 to 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff had thoroughly conducted the training for the prohibition of selling alcoholic beverages to juveniles to ordinary people. At the time of selling alcoholic beverages to the employees D, four juveniles at the time of selling alcoholic beverages to the juveniles were in the form of clothes, colored, and thus, the above juveniles did not violate the Juvenile Protection Act after one week after the occurrence of the case due to the birth in 1999. The plaintiff's profits derived from the sale of alcoholic beverages are merely 14,000 won. At the time of crackdown, the plaintiff left Korea from a foreign country due to the marriage of his wife, the plaintiff left Korea due to the marriage of his wife, and the employees' attention was distributed to the youth customers, and the plaintiff has been constantly contributed to the development of the local community.