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. From April 3, 2003, the Plaintiff operates general restaurants (hereinafter “instant establishments”) with the trade name “C” in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul.
B. On August 18, 2015, the head of Seoul Central Headquarters notified the Defendant on May 24, 2015 that the Plaintiff was aware of the Plaintiff’s act of providing 4 illness to juveniles at the instant establishment around 02:00.
C. On June 20, 2015, the Defendant notified the Plaintiff of the 2-month prior notice of the disposition of the suspension of business operation and submitted his/her opinion by July 7, 2015. While the hearing procedure is underway, the Defendant received each of the aforementioned notice from the head of Seoul Cranc Police Station that the Plaintiff was aware of the fact that the Plaintiff provided alcoholic beverages to juveniles around July 3, 2015 and July 17, 2015.
Accordingly, on December 18, 2015, the Defendant issued a disposition of business suspension for four months pursuant to Article 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act (hereinafter “instant disposition”) on the ground that the Plaintiff provided alcoholic beverages to juveniles at least three times, following the hearing procedure, etc.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 to 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering that the Plaintiff’s assertion requests the presentation of identification cards to the juveniles of the instant business establishment, and the juveniles provided alcoholic beverages to the Plaintiff by misunderstanding that they were adults by presenting other person’s identification cards, and that the instant disposition in which the period of business suspension is four months was maintained, the Plaintiff suffered enormous economic loss, the instant disposition is an illegal disposition that was excessively harsh to the Plaintiff and abused discretion.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is relevant to the violation as a ground for the disposition.