영업정지처분취소
1. The disposition of business suspension rendered by the Defendant to the Plaintiff on April 18, 2017 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Details of the disposition;
A. The Plaintiff has operated the instant restaurant (hereinafter “instant restaurant”) with the trade name “C” in Busan Shipping Daegu.
B. At around 01:50 on December 5, 2016, the Plaintiff controlled the police on the ground that he/she provided alcoholic beverages to juveniles in the instant restaurant, and the Defendant issued a disposition of business suspension for the same reason on February 6, 2017.
C. On March 28, 2017, the Busan Metropolitan City Administrative Appeals Commission filed an administrative appeal, and rendered a ruling to change the business suspension of 20 days to the 20-day business suspension disposition.
Accordingly, on April 18, 2017, the Defendant rendered a disposition of business suspension for 19 days to the Plaintiff according to the above ruling.
(1) The period of suspension shall be excluded from the execution, hereinafter referred to as the "disposition of this case"). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 4, 6 through 8, and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) At the time of the absence of the grounds for disposition, when considering all the circumstances, such as the Plaintiff’s non-existence of the grounds for disposition, 2 young people and 2 young people, who were engaged in the mixed business without employees, and the Plaintiff did not know that 1 minor was a minor, and did not provide them with alcohol. 2) At the time of the occurrence of the Plaintiff’s abuse of discretionary power, there was no crackdown on the provision of juvenile alcoholic beverages at one time prior to the occurrence of the instant disposition, the Plaintiff’s family’s livelihood is very difficult, and the instant disposition was not notified of the suspension of execution as to the instant disposition, and the Plaintiff’s business was not already conducted for a certain period of time. Thus, the instant disposition is unlawful as it is against the law because it was an abuse of discretionary power.
B. At the time when a person operating a 1 restaurant offers alcoholic beverages to those who have entered the restaurant.