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(영문) 수원지방법원 2020.09.18 2020구단3551
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. The Plaintiff operates a mutual general restaurant (hereinafter “instant restaurant”) with the name of “E store” in the building B and C-D in the eternic City.

B. On November 22, 2019, the chief of the Gyeonggi Egypt Police Station notified the Defendant of the result of the instant disposition that “Around November 4, 2019, F, an employee of the instant restaurant, did not verify the identity card of two juveniles employed in the instant restaurant, and sold the instant restaurant and beer, and the F and the Plaintiff were investigated into the suspicion of violating the Juvenile Protection Act, and then prosecuted F and the Plaintiff against F. It was so decided that the Plaintiff sent the instant case to each prosecutor’s office.”

C. Accordingly, on January 17, 2020, the Defendant imposed a penalty surcharge of KRW 14.1 million in lieu of a business suspension month on the Plaintiff on the ground that the instant restaurant provided liquor to juveniles and violated Article 44(2)4 of the Food Sanitation Act.

However, the Plaintiff did not pay the said penalty surcharge within the deadline, and the Defendant urged the Plaintiff to pay the said penalty surcharge on February 24, 2020, but did not continue to pay it.

Accordingly, on March 23, 2020, the Defendant revoked the disposition imposing the above penalty surcharge and issued a business suspension order against the Plaintiff for one month (hereinafter “instant disposition”). D.

The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on June 23, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 11 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion 1 has continuously instructed and educated the employees of the instant restaurant to thoroughly examine the identification card so that they could not provide alcoholic beverages to juveniles, and at the same time provide juvenile alcoholic beverages.

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