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 mutual general restaurant (hereinafter “instant restaurant”) with the trade name “C” on the 1st floor in Ansan-gu, Ansan-si.
B. On March 26, 2020, the chief of the Ansanan Police Station notified the Defendant of the business subject to administrative disposition that “Around March 25, 2020, at around 21:00, the Plaintiff sold 3 juveniles of the restaurant of this case (or 1 week 1 and 3 diseases mixed with the instant restaurant), and that “Around March 25, 2020, the Plaintiff investigated the Plaintiff as suspected of violating the Juvenile Protection Act and sent the Plaintiff to the prosecution with the opinion of prosecution.”
C. Accordingly, on April 16, 2020, the Defendant rendered a two-month disposition of business suspension against the Plaintiff on the ground that the Plaintiff offered liquor to juveniles and violated Article 44(2) Subparag. 4 of the Food Sanitation Act.
On June 23, 2020, the Gyeonggi-do Administrative Appeals Commission filed an administrative appeal against the above disposition of suspension of business. However, on the grounds that the Plaintiff did not have any record of violating relevant Acts and subordinate statutes while operating the restaurant of this case, there are circumstances to consider the Plaintiff’s circumstances in which the Plaintiff provided alcoholic beverages to juveniles, and the Plaintiff’s livelihood is likely to be difficult due to the above disposition of suspension of business, the above disposition of suspension of business seems to be somewhat excessive, the above disposition of suspension of business was ruled to change the above disposition of suspension of business for one month. Accordingly, on July 16, 2020, the Defendant notified the Plaintiff to the effect that the original disposition is mitigated with the same content as the above ruling.
(As above, the defendant's disposition of business suspension as of April 16, 2020 after mitigation (hereinafter "the disposition of this case"). [Grounds for recognition] The defendant's disposition of business suspension as of April 16, 2020 is without dispute, Gap's statements in Gap's 1, 2, 3, 5, Eul's 1 through 6 (including the Serial number if there is a serial number) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the time of the summary of the Plaintiff’s assertion, the restaurant of this case.