영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “C” in Nam-gu Incheon Metropolitan City.
B. Around 04:00 on February 20, 2016, the Plaintiff: “Around 04:00, the Plaintiff sold the Jeju-ju three illnesss without verifying his/her identification card to the juvenile (the age of 16) and E (the age of 16)” (hereinafter “instant violation”) upon receiving a summary order of KRW 700,000 for a fine for criminal facts; however, on June 24, 2016, the Plaintiff was sentenced to the same fine and became final and conclusive in the ordinary trial procedure.
(Macheon District Court 2016 High Court No. 1219) c.
Article 44(2)4 of the former Food Sanitation Act (Amended by Act No. 14022, Feb. 3, 2016; hereinafter the same) and Article 75(1)13 and 75(5) of the former Food Sanitation Act (Amended by Act No. 14022, Feb. 3, 2016; hereinafter the same) (2) Article 44 of the former Food Sanitation Act (Amended by Act No. 14022, Feb. 3, 2016; hereinafter the same).
4. Where a business operator falls under any of the following cases, the Minister of Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may revoke his/her business license or registration, or order him/her to fully or partially suspend his/her business or close his/her place of business (limited to a business reported under Article 37 (4); hereafter the same shall apply in
(5) Detailed criteria for administrative dispositions under paragraphs (1) and (2) shall be prescribed by Ordinance of the Prime Minister in consideration of the type, degree, etc. of the relevant violation.
The former Enforcement Rule of the Food Sanitation Act (amended by Ordinance of the Prime Minister No. 1271, Apr. 19, 2016; hereinafter the same shall apply).