1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a person who operates a general restaurant (hereinafter “instant business”) with the trade name “C” in Dobong-gu Seoul Metropolitan Government.

B. On June 18, 2019, the Defendant rendered a disposition of business suspension for one month (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff’s spouse D provided alcoholic beverages to juveniles at the instant establishment around 17:40 on May 1, 2019.”

C. The Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission to the effect that the instant disposition is revoked, but the Seoul Special Metropolitan City Administrative Appeals Commission dismissed the appeal on September 23, 2019, and the said judgment was served on the Plaintiff on January 10, 2020.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence Nos. 1, 2, 4 through 7, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) D merely merely prevents juveniles from drinking alcohol, but it does not actively provide alcoholic beverages, and there is no reason for disposition. 2) Even if the reason for disposition exists, D was suspended from indictment, and one month of business suspension refers to the closure of the instant business. Considering the circumstances of the instant case, D disposition was excessively harsh to the Plaintiff, thereby deviating from or abusing its discretion.

B. According to each of the statements and arguments stated in Gap evidence Nos. 4, 5, and 7 as to the existence of the grounds for disposition, D did not verify the identification card of two juveniles visiting the instant business establishment on May 1, 2019. After that, D confirmed that three juveniles were able to bring about a bals, but failed to verify the identification card of 5 juveniles with the belief that they were adults, the fact that the juveniles were 1 soldier's disease and 1 soldier's disease, and that D was provided as alcoholic beverages at the time of the police investigation on May 2, 2019.