과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. The Plaintiff has opened and operated a food service business establishment, a food service business establishment, a general restaurant business establishment, on the 1st Government B block.
B. On May 3, 2019, the Plaintiff was found to have stored scke 2.1kg, circulation period on May 2, 2019; 1.8 marrosopoper, circulation period on January 14, 2019; and 10.4 km, circulation period on May 2, 2019.
C. On June 19, 2019, the Defendant issued a penalty surcharge of KRW 11,70,000 in lieu of the 15th day of business suspension on the ground that the Defendant kept the products with the distribution-by-sale period to the Plaintiff for the purpose of cooking and selling them (i.e., daily sales of KRW 620,000,000 x 7,80,000 per day x 15 days; hereinafter “instant disposition”).
On July 3, 2019, the Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but:
8. The dismissal was 26.
[Identification Evidence: Evidence Nos. 1 to 4, No. 1 to 4]
2. Whether the instant disposition is lawful
A. Although the materials for which the time limit for claiming the Plaintiff’s assertion had not been stored in a kitchen for the purpose of cooking and selling them, they were found to have been violated due to the fact that the kitchen ceased to exist without prior notice prior to the date of detection, and the new kitchen was found to have failed to discover such materials.
Since the instant case, the instant disposition is unlawful because it is too much excessive amount of money, in light of the fact that a large number of loans have been granted to operate the said restaurant, economic conditions are not good, and hospital treatment has been provided from time to time due to urology, dystrophism, etc.
(b) Business operators and their employees prescribed by Presidential Decree among those who engage in business referred to in the subparagraphs of Article 44 (1) of the former Food Sanitation Act (wholly amended by Act No. 15943, Dec. 11, 2018) (1) are as follows: