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(영문) 부산지방법원 2014.04.09 2013구단1755
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 June 3, 1994, the Plaintiff was running a general restaurant (hereinafter “instant business establishment”) after having transferred the “D restaurant” of the operation of the Plaintiff, which is located in the Busan Dong-gu, Busan and changing the trade name into “E”, and after having completed the report of business succession, it was discovered that on July 31, 2013, the Plaintiff was operating approximately KRW 265.5 square meters by extending it to its place of business without permission, exceeding 45.7 square meters, which is the business size reported by the Defendant’s environmental sanitation and food sanitation inspector.

B. Accordingly, on August 26, 2013 following the prior notice procedure, the Defendant issued an administrative disposition on seven days of business suspension (from September 16, 2013 to September 22, 2013) on the ground that the Plaintiff did not change the area of the place of business and make a report of change pursuant to Articles 37(4) and 75(1)7 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3, Eul 3-1, 2, 3, and Eul 5-1, 5, the purport of the whole pleadings

2. Determination on the lawfulness of the instant disposition

A. The plaintiff alleged that the plaintiff did not change the size of the business of this case. Second, the Food Sanitation Act, which was enforced before June 1972, when the extension of the business of this case was done before June 1972, which was enforced as of June 1972, the disposition of this case, which was based on the premise that the extension of the permitted restaurant or the alteration of the use of the permitted restaurant did not report the alteration. Third, the disposition of this case on the ground that the defendant did not report the extension of the business of this case and the alteration of the use of the business of this case more than 40 years after 1972, which was presumed to have been the alteration of the business of this case, was unlawful since it exceeded and abused its discretionary authority.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. 1F on November 5, 1975, the fact of recognition is not less than 45.7 square meters per floor of block slabs building located in Busan Dong-gu G.

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