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(영문) 서울행정법원 2014.08.28 2014구합8483
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. On August 26, 1995, the Plaintiff was designated as a tobacco retailer with respect to C stores in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant stores”) on August 26, 1995, and thereafter operated tobacco sales business.

B. On November 17, 2013, around 17:30, the Plaintiff was found to have sold tobacco 3 A to D (the age of 18, South) and the Seoul Gangnam Police Station notified the Defendant of the administrative disposition on November 12, 2013 regarding the fact that the Plaintiff sold tobacco to juveniles.

C. On December 11, 2013, the Plaintiff was sentenced by the Seoul Northern District Court to a fine of KRW 700,000 for a crime of violating the Juvenile Protection Act, and the above sentence was finalized on February 27, 2014.

On April 22, 2014, the Defendant issued an administrative disposition (hereinafter “instant disposition”) regarding the business suspension of tobacco retail business to the Plaintiff on April 22, 2014 (from May 12, 2014 to August 11, 2014, however, the Defendant changed the period from June 12, 2014 to September 11, 2014) (hereinafter “instant disposition”).

The Plaintiff, who is dissatisfied with the instant disposition, filed the instant lawsuit on May 7, 2014.

[Ground for Recognition: Facts without dispute, Gap's 1 through 3, Eul's 1, 2, and 5's statements, the purport of the whole pleadings]

2. The assertion and judgment

A. Considering the fact that the Plaintiff’s assertion on November 13, 2013, 200 women’s grandchildren who were found in the instant store, who appear in the first half of 20 primary group, could be seen as a juvenile even if accumulated, and that the Plaintiff would have suffered enormous damages due to the instant disposition, the instant disposition was excessively excessive and excessively excessive and abused the scope of discretion.

B. The issue of whether the relevant Act 1 punitive administrative disposition deviatess from or abused the scope of discretion under the social norms is determined by the content of the offense and the relevant disposition.

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