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

From October 4, 2011, the Plaintiff engaged in food service business through a mutual general restaurant (hereinafter “instant restaurant”) with a trade name “C,” located in Dong-dong, Hanam-gun B (hereinafter “instant business”).

On November 21, 2014, the Defendant rendered a disposition of business suspension for three months from November 21, 2014 to February 21, 2015 (hereinafter “instant disposition”) by applying Articles 44(2) and 75 of the Food Sanitation Act, and Article 89 of the Enforcement Rule of the same Act, on the ground that the Plaintiff provided alcoholic beverages to juveniles at the instant establishment on September 21, 2014.

【The Plaintiff’s assertion as to the legitimacy of the disposition of the instant case as to September 21, 2014, the Plaintiff did not provide alcoholic beverages to juveniles at the time of 01:30 on September 21, 2014, and at the time of the completion of the operation of the instant business, the juveniles were able to drink alcoholic beverages at the cooling house upon entering the instant business after the Plaintiff’s death.

Therefore, the instant disposition does not have any grounds for disposition.

Furthermore, if the disposition of this case becomes final and conclusive, it is anticipated that the Plaintiff would actually cause serious damage to the business establishment of this case, and thus, the disposition of this case is unlawful by abusing its discretion.

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

Judgment

Sanction against the existence or absence of a disposition reason is a sanction against the objective fact of violation of an administrative law in order to achieve administrative purposes. Thus, it can be said that the violator did not know his/her duty. Therefore, it is unreasonable for the violator to present it properly, or there is a circumstance that it is unreasonable to expect the party to perform his/her duty to cause a failure to cause a failure to perform his/her duty, barring special circumstances, such as where there is a justifiable reason not to cause a failure to cause a failure to perform his/her duty.