beta
(영문) 서울행정법원 2017.04.20 2017구합51051

영업소폐쇄처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On January 15, 2015, the Plaintiff reported the entrusted food business to the Defendant on the business name “B”, “entrusted food service business”, “entrusted food service business”, “Seoul building, 1st floor, and “32.79m2,” the area of the business place, and thereafter made a business of cooking and providing or selling food (hereinafter “instant business place”). (b) On December 22, 2016, the Defendant continued to provide food to many unspecified persons unless it is for profit-making purposes pursuant to Article 2 of the Food Sanitation Act in order to operate the entrusted food service business within the C building, but the Plaintiff has reported the business of selling food to many unspecified persons in violation of Article 2 of the Food Sanitation Act, and immediately discontinued the business of operating food service without reporting it.

Food service facilities under Article 2 subparagraph 12 of the Food Sanitation Act, which are called a "order to correct the business of general restaurants without reporting on December 30, 2016, are prescribed as facilities prescribed by Presidential Decree, which continuously provide food to many and unspecified persons without seeking profit-making purposes. A person who intends to engage in food service business, such as general restaurants, is required to report pursuant to Article 37 of the Food Sanitation Act. However, in a temporary building, it was confirmed that a person who intends to engage in food service business, such as general restaurants, is engaged in the business of providing food to many and unspecified persons in a fixed amount. This constitutes an illegal business without reporting.