logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.04.13 2016구단563
과징금부과처분취소
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. On May 12, 2016, the Plaintiff was subject to a disposition of suspension of indictment as to the violation of the Juvenile Protection Act, which read, “A” in the Dong-gu Daejeon District Prosecutors’ Office (hereinafter “instant restaurant”) operated a general restaurant in the name of “C” (hereinafter “instant restaurant”), and, at the Daejeon Prosecutors’ Office, offered alcoholic beverages to four juveniles at around April 8, 2016.”

B. On June 1, 2016, the Defendant imposed a penalty surcharge of KRW 3.9 million in lieu of one month of business suspension on the Plaintiff on the ground that the instant restaurant provided alcoholic beverages to juveniles.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap Nos. 3 and 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion (1) although the plaintiff demanded the plaintiff's identification card to the juvenile who entered the plaintiff, the juvenile was able to show his identification card. At the time, the plaintiff was operated alone without his employee, so other customers had no choice but to enter the house with the order of other customers. While the plaintiff was operated in the kitchen, there was no time to inspect his identification card on the wind of the police officer's entry and crackdown while he was operated in the kitchen, the disposition of this case constitutes a case where there is no reason for the disposition of this case in light of the above facts.

(2) Considering the circumstances that may be considered in the process of detection, and the economic situation of the Plaintiff’s faced, the instant disposition was excessively harsh to the Plaintiff, thereby abusing discretion.

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

(c) Sanctions against the violation of administrative laws and regulations regarding the existence of the grounds for disposition are sanctions against the objective facts of the violation of administrative laws and regulations to achieve administrative purposes, and thus, not necessarily a real offender but a person who is stipulated as a person in charge of the law and regulations may be imposed.

arrow