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 a person who operated a general restaurant in the trade name of Gangdong-gu Seoul Metropolitan Government B 121 from September 17, 2015.

The plaintiff operated the above restaurant from February 11, 2009 to February 10, 2015.

B. On December 14, 2015, the Defendant issued a disposition imposing a penalty surcharge of KRW 1,610,000 in lieu of the seven days of business suspension on February 11, 2016, in relation to the Plaintiff’s business, with respect to the Plaintiff’s business in which he/she carried on with a chair and a table outside the permitted place of business (the instant disposition was conducted under the following).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion (1) The Plaintiff did not expand its original business facilities, but did not constitute a business outside of the place of business, on the ground that he did not engage in business activities with the chair and tables, and thus does not constitute a business outside the place of business under the Food Sanitation Act.

(2) The Plaintiff’s act constitutes business outside the place of business.

Even if the degree of violation is minor and illegal, considering the fact that most business places are operating outside the place of business, it is illegal as a disposition that deviates from or abused discretion.

(b) A person who intends to operate the following businesses shall have facilities meeting the facility standards prescribed by Ordinance of the Prime Minister:

(2) The detailed types and scope of business under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.

(4) A person who intends to conduct business prescribed by Presidential Decree among those falling under any subparagraph of Article 36 (1) shall report to the Minister of Food and Drug Safety, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu by type of business or place of business, as prescribed by Presidential Decree

The same shall also apply to the modification or closure of the important matters prescribed by Presidential Decree among the reported matters.

Article 75 (Cancellation, etc. of Permission)