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(영문) 수원지방법원 2016.03.04 2015구단3168

영업정지처분취소

Text

1. The Defendant’s disposition of business suspension for three days against the Plaintiff on November 3, 2015 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From November 5, 2013, the Plaintiff runs a food sales business under the trade name called “C” (hereinafter “instant marina”) in Gyeonggi-si (hereinafter “instant marina”).

B. On April 3, 2015, the Defendant issued a seven-day disposition of suspension of business against the Plaintiff on May 6, 2015, on the ground that the Plaintiff sold 1 disease (i.e., 1.5 liters up to March 24, 2015, and 1.5 liters up to March 24, 2015) due to the wave due to the expiration of the distribution period.

C. On October 23, 2015, the Plaintiff filed an administrative appeal, and the Gyeonggi-do Administrative Appeals Commission changed the above disposition to a three-day business suspension on October 23, 2015, the Defendant issued a three-day business suspension disposition against the Plaintiff (hereinafter the instant disposition) on November 3, 2015.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff had not displayed the so-called "malpha" for the purpose of selling the so-called "malpha" but the defendant issued the so-called "malpha 1 disease of this case with the so-called "malpha," the distribution period for the purpose of receiving compensation, and then had been displayed before the time of display, as if he had been calculated, and then filed a false report. The disposition of this case was unlawful as the ground for disposition of this case is without merit.

B. According to the overall purport of the statement and pleading of the statement Nos. 1 and 2, the reporter taken a photograph of the instant Mat Display Team with the expiration of the circulation period, taken the photograph of the instant Mat Display Team, brought it up as a result of calculation, and reported to the civil rights committee along with a photograph and receipt.

However, the following circumstances, i.e., evidence Nos. 3, 4, and 5, which can be known by comprehensively considering the overall purport of the statements and arguments, are displayed at the Et at the time.