영업정지 갈음 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. From November 21, 2005, the Plaintiff has operated a general restaurant (hereinafter “instant restaurant”) with the trade name “C” on the Eunpyeong-gu Seoul Metropolitan Government B and the first floor.
B. On October 28, 2017, the Plaintiff was punished on the ground that his employee D sold alcoholic beverages to 9 juveniles, including E (199 students) in the instant restaurant, and D was sentenced to the judgment of suspended sentence (500,000 won to be deferred) on June 5, 2018, in the case of violation of the Juvenile Protection Act, the Seoul District Court 2018 Go-Ma262 decided on June 5, 2018.
C. On June 25, 2018, the Defendant imposed an administrative disposition on the Plaintiff on the ground of the provision of juvenile alcoholic beverages, but imposed a penalty surcharge of KRW 16,800,000 in lieu of one month of business suspension in consideration of the fact that the judgment of suspended sentence was rendered on the Plaintiff’s employee D (hereinafter “instant disposition”).
【Ground for recognition】 The fact that there has been no dispute, and the purport of all entries and arguments in Gap's 1 through 4
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion argues that the instant disposition was beyond the scope of discretion or abused discretion on the following grounds.
1) At the time of the instant case, D employees provided alcoholic beverages to E, etc. without verifying the remaining identification cards by committing an act to create a sense of pressure, which led to the Plaintiff’s physical condition that it is difficult to see E, etc. as a minor. Considering the foregoing circumstances, D was sentenced to a suspended sentence by the Seoul Western District Court due to the consideration of the foregoing circumstances. According to the Enforcement Rule of the Food Sanitation Act (Attached Table 23), in a case where a food service business operator was sentenced to a suspended sentence on the grounds that he/she was unable to confirm that he/she was a juvenile due to assault or intimidation by a juvenile, the period of business suspension is set not more than 9/10 of the criteria for the disposition.