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(영문) 의정부지방법원 2019.03.26 2018구합2563

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff operated a convenience store in the Guri-si B shoppingdong C and D (hereinafter “E”) and sold tobacco after being designated as a tobacco retailer by the Defendant on May 14, 2018.

On July 3, 2018, at around 03:10, the Plaintiff sold tobacco to F (14 years of age) juveniles, and was sentenced to suspension of indictment at the government prosecutor's office of the Council for the violation of the Juvenile Protection Act.

On October 4, 2018, the Defendant rendered a 30-day disposition of business suspension of tobacco retailers pursuant to Article 17(2) of the Tobacco Business Act and Article 11(4) and (5) of the Enforcement Rule of the same Act (hereinafter “instant disposition”).

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, and Eul evidence Nos. 6, and the overall purport of the argument of this case as to the legitimacy of the disposition of this case as to whether the disposition of this case was legitimate or not, under the circumstances where the plaintiff was not fully aware of the provisions of the Tobacco Business Act, F did not verify the identification card and sell tobacco without confirming the identification card immediately at the new wall time, and the sales of the convenience store of this case are expected to be rapidly reduced at the time of the suspension of tobacco retail business, and the suspension of indictment was imposed at the government prosecutor's office, the disposition of this case is unlawful as a deviation or abuse of discretionary power.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms or not shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the contents of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances. In such cases, even if the criteria for the punitive administrative disposition are prescribed in the form of Ministerial Ordinance, it shall