영업정지처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance, which cited the case, is as follows, except for the addition of the following judgments to the first instance judgment, as to the assertion that the defendant stressed again, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment. Thus, it shall be accepted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
2. The defendant asserts that the ground for the disposition in this case exists, since the plaintiff was finally confirmed to have received a summary order of KRW 500,000 on the same facts as the ground for the disposition in this case.
However, in the administrative litigation, it is not bound by the facts recognized in the criminal trial, but merely stated in the evidence No. 5, cannot be deemed to have been confirmed as above with respect to the same facts recognized in the court. Therefore, the above assertion is rejected.
The defendant asserts that a disciplinary measure against a violation of administrative regulations is a disciplinary measure, unlike criminal punishment, based on the objective fact of violation of administrative regulations, and thus, in such a case, it does not require any intention or negligence of the violator. In this case, as long as there is "an act of providing alcoholic beverages to juveniles" under Article 44 (2) 4 of the Food Sanitation Act, a disciplinary measure may be taken without relation to the plaintiff's intention or negligence.
What is the act subject to administrative disposition of the administrative agency is different in accordance with the contents and form of the legal provision, and in this case, according to Article 75 and Article 44 (2) 4 of the Food Sanitation Act, which is the law based on which the defendant issued the administrative disposition against the plaintiff, the act subject to punishment is "the act of offering liquor to the juvenile".
However, a person who operates a restaurant has only adults at the time of giving alcohol to the persons who have entered the restaurant, and they have drinking only later.