The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “E” in the 1st floor C and sales facility of the 1st floor.

On March 21, 2019, the chief of the Seosung-dong Police Station issued a notice on the result of handling the crimes of violation of the Juvenile Protection Act to the prosecutor's office, stating that "the head of the Seosung-dong Police Station, on February 26, 2019, sold three soldiers who are alcoholic beverages (hereinafter referred to as "the facts of selling three soldiers who are alcoholic beverages (hereinafter referred to as "the facts of this case") from the restaurant in this case to customers at around 02:0 on February 26, 2019, notified three persons of the result of handling the crimes of violating the Juvenile Protection Act."

On March 28, 2019, the prosecutor of the Suwon District Prosecutors' Office: (a) taken the disposition of suspension of indictment into consideration of “the first offender, the fact that it was committed by the ship of Chinese nationality, and the fact that it was divided into and reflected against the fact that it was committed by the ship of Chinese nationality,” and (b) judged that the plaintiff was placed in the office of ordinary employees with an opportunity to undergo education to prohibit the provision of alcoholic beverages to juveniles.The prosecutor prosecuted the plaintiff for non-prosecution for the reason that he was suspected.

On July 17, 2019, the Defendant issued a disposition imposing a penalty surcharge of KRW 23,40,000 (hereinafter “instant disposition”) in lieu of one month of business suspension pursuant to Articles 75(1)13 and 82(1) of the Food Sanitation Act, on the ground that the Plaintiff “act of providing alcoholic beverages to juveniles” as prohibited under Article 44(2)4 of the Food Sanitation Act, in lieu of one month of business suspension (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, 8 through 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff had an opportunity for ordinary employees to check thoroughly the prohibition and thorough identification of the provision of alcoholic beverages to juveniles, and had the best efforts to avoid providing alcoholic beverages to juveniles by attaching a phrase that it does not sell alcoholic beverages to minors.

In investigative agencies, the plaintiff's efforts are also recognized.