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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. From July 20, 201, the Plaintiff operates a general restaurant in the trade name of “Ccafeteria” (hereinafter “instant business”).
B. On December 5, 2018, the chief of the Daegu North Korean Police Station notified the Defendant of the violation of the Juvenile Protection Act, stating that “The Plaintiff sold a total of KRW 70,000,00,000, including the six disease, beer, and beer and beer, to five youth D(18) at the instant establishment from November 15, 2018 to 21:30.”
C. On December 28, 2018, the Defendant: (a) applied Articles 44(2) and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act to the Plaintiff on the ground of the provision of juvenile alcoholic beverages (II); (b) made a disposition for the suspension of business for three months (hereinafter “the first disposition”).
The plaintiff filed an administrative appeal against the original disposition, and on February 25, 2019, the Daegu Metropolitan City Administrative Appeals Commission made an adjudication to change the original disposition to the disposition of business suspension on January 15, 2019.
(hereinafter referred to as “instant disposition”, which was reduced on December 28, 2018 by the said administrative appeal ruling as of January 15, 2018 (hereinafter referred to as “the foregoing administrative appeal ruling”). / [Grounds for recognition] of no dispute, entry of Gap’s 1, 2, and Eul’s 1 through 8 (including the serial number) and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff alleged that the instant business establishment, located under the ground of the Plaintiff, provided alcohol and speech to the single-sembly customers, and was sold at the first floor of the same building, but later, the juveniles were able to sell alcoholic beverages to the juveniles, and that there was no intention to sell alcoholic beverages, and that the Plaintiff and his family members’ livelihood are difficult when suspending the business due to the instant disposition, and that the Plaintiff neglected the management of the business, the instant disposition was unlawful since it was excessively harsh to the Plaintiff, thereby abusing its discretionary power.
(b).