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. The Plaintiff is operating a general restaurant in the trade name of “C” from February 11, 2010 to Daegu-gu.
B. On August 1, 2017, the Defendant rendered a two-month disposition of business suspension against the Plaintiff on August 22, 2017 pursuant to Articles 75 and 44(2) of the Food Sanitation Act (hereinafter “instant disposition”) on the grounds that the Plaintiff provided juvenile D and E (hereinafter “instant juveniles”).
C. On September 25, 2017, the Daegu Metropolitan City Administrative Appeals Commission filed an administrative appeal. On the other hand, on September 25, 2017, the two-month disposition of business suspension against the Plaintiff was deemed to be excessive and rendered a ruling to reduce the business suspension for one month.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9 evidence, Eul evidence 1 to 7 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) Of the instant juveniles, D constitutes a person who met January 1 of the year in which he/she turns 19 years of age.
B) Since the Plaintiff inspected the identification card of D among the instant juveniles and confirmed that they are adults, it cannot be deemed that the Plaintiff provided alcoholic beverages, since the Plaintiff did not intend to provide alcoholic beverages, or did not neglect the duty to protect juveniles, among the instant juveniles, they did not have any intention to do so, nor did they cause negligence in neglecting the duty to protect juveniles. Thus, the Plaintiff cannot be deemed to have provided alcoholic beverages, and it cannot be deemed that there was no intention to provide alcoholic beverages or neglect the duty to protect juveniles.
2. During the period of deviation from and abuse of discretionary power, the Plaintiff has verified the identity card for the juveniles. The juveniles under the control of this case presented a forged identification card or immediately following it, and there are circumstances to take into account the circumstances, such as the opening of a restaurant with enormous funds, and losses are high in the event of the suspension of business.