The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of disposition;

A. The Plaintiff is operating a general restaurant (hereinafter “instant business”) with the trade name “C” on the building B and the first and second floors of Yeongdeungpo-gu Seoul Metropolitan Government.

B. On June 20, 2019, the Plaintiff was under custody of the UN PPP (1kg x 2 factoring, distribution period July 9, 2018), milk (1 x 10 x 10 x distribution period, June 16, 2019), the distribution period for which the distribution period has elapsed.

C. On July 18, 2019, the Defendant issued a disposition imposing a penalty surcharge of KRW 17.7 million in lieu of 15 days of business suspension on the ground that “the Plaintiff stored raw materials or finished products, the distribution period of which has expired, for cooking and selling purposes” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2, 6, and 7 (including each number), entry of Eul evidence 2 and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. Plaintiff 1) The Plaintiff did not keep the UN PPP and milk, the distribution period of which has expired for the purpose of cooking and selling. The grounds for disposition are not recognized. 2) Even if the grounds for disposition are recognized, the Plaintiff’s violation is insignificant or minor, and the instant disposition was made in excess of discretion due to excessive suspicion.

B. The following facts and circumstances may be acknowledged or known in full view of the facts and evidence as seen earlier, as well as the witness D’s testimony, prior to the existence of the grounds for disposition.

According to this, it is recognized that the Plaintiff kept the UN Initial Pesta and milk, a raw material or finished product, the expiration of the distribution period for the purpose of cooking and selling.

We cannot accept this part of the Plaintiff’s assertion.

1) The UN PPP and milk are used as materials of “NBA” prepared and sold at the instant establishment. 2) The chief of the headquarters of the instant establishment is the UN PPPP, the distribution period of which has expired at the time of control.