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(영문) 수원지방법원 2019.06.19 2019구단938
영업정지처분취소
Text

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 around 2016, the Plaintiff has operated “D” as a general restaurant in the Osan City building B and C (hereinafter “instant place of business”) as 24 hours.

B. On October 3, 2018, at the instant business establishment around 00:40, the Plaintiff was subject to a disposition of two-month suspension of business by the Defendant on the grounds that the Plaintiff’s employee E provided juvenile F (at the time of 18 years of age) with one illness.

C. When the Defendant was subject to a disposition of suspending indictment on October 26, 2018, the Defendant issued a disposition of suspending the business of the instant place of business for one month on November 23, 2018 on the ground that he/she provided alcoholic beverages to juveniles (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 3, 2018, around 00:40 on October 3, 2018, the Plaintiff’s employees E, who were found in the instant place of business, had not been able to provide alcoholic beverages to the above juvenile, and all two customers including the above youth F, with a large number of head heatedly heated and heated faces, and face was 20 major. The Plaintiff was found to have been aware of the fact that he was subject to a non-prosecution disposition by the prosecutor. The Plaintiff was operating a restaurant on an exemplary basis for three years after opening the instant place of business, and the Plaintiff was conducting a thorough inspection of identification card, and the employees in the field have been thoroughly inspected identification card. In light of the fact that the above provision of alcoholic beverages to the above juvenile was only one week of alcoholic beverages, and in light of the fact that the imposition of a penalty surcharge of KRW 20 million in lieu of the business suspension period or the above, the instant disposition was unlawful as it constitutes an abuse of discretionary authority, and thus is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. In the instant case, the purport of the relevant statutes and the following circumstances, i.e., juveniles, known by the evidence as seen earlier.

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