beta
(영문) 서울행정법원 2019.05.31 2019구단5642

과징금부과처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a person who operates a general restaurant (main restaurant) in the name of Seocho-gu Seoul Metropolitan Government “C” (hereinafter “instant restaurant”).

For the following reasons, the prosecutor of the Seoul Central District Prosecutor's Office issued a disposition that the Plaintiff's husband D was guilty (defluence of evidence) against the Defendant's husband D, and suspended indictment against the restaurant E employees of this case.

Facts of crimes.

1. On November 14, 2018, the suspect E- juvenile alcoholic beverage sales E sold 10 illness, 4 disease, etc. to the juvenile (marisung and the first grade of high school) on the second floor of the restaurant of this case to the juvenile (hereinafter “juvenile of this case”).

2. The suspect D’s violation of the duty of supervision over sales of alcoholic beverages

1. At the date and time of entry, E was negligent in giving due attention and supervision concerning the relevant duties to prevent violations in which alcoholic beverages, etc. are sold to juveniles;

It is recognized that the facts of the crime were acknowledged. However, if the suspect was the first offender, and the suspect demanded the instant juveniles to present identification cards, and some of the juveniles were engaged in sales of alcoholic beverages because they were illegally presented other's resident registration certificates, D is the head of the restaurant of this case. D was composed of the first floor, the first floor, and the second floor, and the second floor, the restaurant of this case was not at the site at the time, and part of the juveniles were not at the time with identification cards, and some of the juveniles were viewed to have provided alcoholic beverages by presenting identification cards at least once a week, and considering the fact that they were providing the minors with education on the sales of alcoholic beverages to employees at the time of sale of alcoholic beverages, it seems difficult to recognize that it was negligent in management obligations. D. < Amended by Presidential Decree No. 29060, Aug. 2, 2018>