과징금부과처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs are operating each general restaurant indicated below.
Plaintiff
On August 2, 2013, GH 55 B B on August 30, 2014, Jung-gu Seoul, Jung-gu, Seoul on April 8, 2014, J 141.2 CJ 71D 75 EO on April 1, 2013, Jung-gu, Seoul, Jung-gu, Seoul on October 21, 2015, a P Q 67 (main) bank in Jung-gu, Jung-gu, Seoul on October 21, 201, three-lane-ro, Jung-gu, Seoul on December 19, 201, and one-story bank on March 35, 201.
B. The Defendant issued a corrective order to the Plaintiffs on December 21, 2015, on the ground that the Plaintiffs’ respective places of business are found to have exceeded the area of each place of business that they actually used, and on December 21, 2015, they did not change the area of each place of business and did not report the change thereof.
C. On February 22, 2016, the Defendant inspected the size of each business site of the second Plaintiffs, and ordered the Plaintiffs to suspend their business for the reason that the Plaintiffs did not comply with the corrective order and discovered the fact that they were operating as before, and on April 4, 2016, they did not change the size of the business and did not report the change thereof pursuant to Articles 75 and 37 of the Food Sanitation Act.
The plaintiffs filed an administrative appeal against the seven-day business suspension disposition with each Seoul Special Metropolitan City Administrative Appeals Commission, and the Seoul Special Metropolitan City Administrative Appeals Commission decided August 22, 2016 that "the seven-day business suspension disposition against the plaintiffs shall be changed to the imposition of a penalty surcharge in lieu of the three-day business suspension."
E. On October 7, 2016, the Defendant imposed a penalty surcharge (the amount of the penalty surcharge is the same as the amount stated in the purport of the claim) on the Plaintiffs in lieu of the three-day business suspension period (hereinafter referred to as “each of the instant dispositions of business suspension as of April 4, 2016, which was changed by the disposition imposing the penalty surcharge as above).
[Ground of recognition] Unsatisfy, Gap evidence 1 to 6.