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(영문) 대전지방법원 2017.08.24 2017구단140
영업정지취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On June 7, 2016, the Defendant issued a 70-day disposition of business suspension (hereinafter “instant disposition”) with respect to a violation that: (a) sold alcoholic beverages on August 28, 2014 and arranged for a entertainment loan; (b) sold alcoholic beverages on July 17, 2015; (c) sold alcoholic beverages and arranged for a entertainment loan on February 23, 2016; and (d) made a disposition of business suspension on May 8, 2016 with respect to the violation that the Defendant had impliedly carried alcoholic beverages (hereinafter “instant disposition”).

B. On July 25, 2016, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Chungcheongnam-do Administrative Appeals Commission as its agent, but the Chungcheong-do Administrative Appeals Commission dismissed the appeal on September 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 15 and 16, the purport of the whole pleadings

2. Determination

A. The plaintiff's lawsuit of this case prior to the defendant's merits is not only illegal as the plaintiff's lawsuit of this case was filed by a person who is not the other party to the disposition, but also illegal as it was filed with the intent

B. 1) The other party to the instant disposition is D, the representative of the “C Kinging-Order Business”, and the Plaintiff has no standing to file a revocation lawsuit, and the instant lawsuit is unlawful. In addition, pursuant to Article 20(1) of the Administrative Litigation Act, the revocation lawsuit is filed within 90 days from the date the Plaintiff becomes aware of the disposition, etc., but the period of time when an administrative appeal is filed is counted from the date when the original written judgment is served.

Therefore, the plaintiff should have filed an administrative litigation seeking the cancellation of the above disposition within 90 days from the date of receiving the written adjudication on the claim for administrative appeal concerning the disposition of this case.

In full view of the respective statements and the purport of the entire pleadings of the evidence Nos. 19 and 20, the Plaintiff can recognize the fact that the Plaintiff received a written ruling of the Chungcheongnam-do Administrative Appeals Commission on October 6, 2016.

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