1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The Plaintiff is operating a general restaurant in the name of “Cstore” (hereinafter “instant business”) on the part of the Government-si B and the second floor.

D, on October 17, 2018, as an employee of the instant establishment, was sentenced to a fine of KRW 500,000 to a fine for negligence of KRW 300,000,00 for the criminal facts that, around 23:40 on December 25, 2017, “The Defendant sold alcoholic beverages and liquors equivalent to KRW 30,00,00 in total, including beer and beer, at the instant establishment (hereinafter “instant act of violation”), to the juvenile E (the age of 18) and four other persons, at the instant establishment, around December 25, 2017.” The said judgment became final and conclusive around that time.

On April 27, 2018, the Defendant rendered the Plaintiff a disposition of business suspension for two months pursuant to Articles 44(2) and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the ground of the instant violation.

On June 25, 2018, the Gyeonggi-do Administrative Appeals Commission made an administrative appeal, and the Gyeonggi-do Administrative Appeals Commission made an adjudication to reduce the disposition of business suspension for the two-month business suspension as 40 days.

(1) The Plaintiff’s employees asserting the legitimacy of the instant disposition, as to whether the instant disposition was lawful or not, of April 27, 2018, which was reduced to 40 days of business suspension (hereinafter “instant disposition”). 【The grounds for recognition”), without dispute, the Plaintiff’s employees asserted that the instant disposition was lawful, since the instant juveniles, which were located in the instant business, have been in the upper limit of cremation and the external appearance and clothes, appear to have been adult even if they reach a mature, and thus, they came to commit the instant act of violation by providing alcoholic beverages without doubt that they were juveniles. Therefore, there exists no grounds for the instant disposition.

The violation date of this case was more likely to be a customer than usual, and the above juveniles seen as adult even if they enjoy, and some of them became the wind of the business establishment of this case, which caused the violation of this case to be done at the nives of the business establishment of this case, and the plaintiff provided alcoholic beverages to juveniles.