영업정지처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On November 16, 2019, the Plaintiff, who operates a general restaurant in the name of “C” in the name of “C” at the macro-si B and the first floor, was exposed to police officers belonging to the macro-gu Police Station by providing 4 soldiers to three juveniles on November 16, 2019.
After that, D was subject to suspension of indictment due to the consideration of the first offender about the charge of violation of the Juvenile Protection Act and the fact that D confirmed identification card on part of drinking while drinking together.
B. On March 12, 2020, according to the above police station’s notification, the Defendant requested the Plaintiff to give prior notice of disposition and submit opinions for two months of business suspension. At the time of March 30, 2020, the Plaintiff offered drinking on the ground that D had confirmed the identity of part of drinking while drinking together with the above juveniles, but did not confirm all, and that one of the pertinent juveniles did the act suspected of having reported.
C. On March 30, 2020, on March 30, 2020, the Defendant reduced the business suspension period of the said prior notice, and rendered a disposition of business suspension for one month (hereinafter “instant disposition”). D.
On May 25, 2020, the plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission. However, on May 25, 2020, the decision dismissing the plaintiff's claim was made.
[Ground of recognition] Facts without dispute, Gap's 1, 2, 3, 6 evidence, Eul's 2 to 7, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion (1) although the plaintiff demanded the presentation of identification card to the drinking alcohol at the time, the plaintiff had the drinking alcohol by deceiving D as an adult, and had the drinking alcohol supplied to the juvenile. Both the company's work uniform and the request for confirmation of the whole daily identification card of the same kind that entered into the organization is unlikely to be expected by social norms. Thus, the plaintiff is obligated to perform his duty.