The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On September 5, 2018, the Plaintiff obtained a food entertainment business license from the Defendant, and operated an entertainment entertainment shop (hereinafter “instant entertainment shop”) in Daegu-gu B, Daegu-gu.

B. On March 11, 2020, the Defendant issued a disposition revoking the instant business license of the instant entertainment shop (hereinafter “instant disposition”) on the ground that the Defendant employed the Plaintiff as a entertainment service provider and caused the Plaintiff to provide entertainment service (hereinafter “instant violation”).

(c)

On November 10, 2020, the Plaintiff was sentenced to a suspended sentence of two-year imprisonment with prison labor for the crime that “from February 23, 2019 to August 29, 2019, the Plaintiff had a juvenile provide entertainment services nine times” and the above judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-1, 2-2, 15, Eul evidence Nos. 2 and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not employ juveniles as entertainment reception workers to employees.

In light of the fact that: (a) although an employee was unable to thoroughly examine the identification card, the employee was employed by the juvenile, but was not intentionally employed by the employee; (b) the employee did not confirm the age by confirming the identity card of the mobile phone when having the photographed personal data; (c) the employee did not take any measures; and (d) only violated nine times for six months; and (c) the instant entertainment store was the only reason for the Plaintiff’s importation; and (d) the instant entertainment store was the damage suffered by the Plaintiff compared to the public interest that could be achieved by the instant disposition, and thus, the instant disposition was unlawful by abusing its discretionary power.

B. Determination 1) Article 44(2)1 of the Food Sanitation Act provides that food service providers are juveniles under Article 2 of the Juvenile Protection Act (hereinafter “juvenile”).