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(영문) 창원지방법원 2015.04.14 2014구단10395
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

From September 28, 2013, the Plaintiff is running an entertainment drinking house business (hereinafter “instant entertainment drinking house”) with the trade name “C” in macro-si B (hereinafter “C”).

On November 11, 2014, the Defendant rendered a disposition of suspending business for two months from November 26, 2014 to January 24, 2015 (hereinafter “instant disposition”) by applying Articles 44(2) and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the ground that the Plaintiff provided alcoholic beverages to juveniles at the instant establishment (hereinafter “instant violation”).

【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 through 5 (including partial defense numbers), and the purport of the entire pleadings, the plaintiff alleged the legitimacy of the disposition of this case by the plaintiff has verified the identity and identity of customers and provided thorough confirmation as to whether they are juveniles. The plaintiff provided thorough confirmation as to the employees of the business of this case. At the entrance of the business of this case, the plaintiff was able to do its best as a food service business operator, such as attaching a standing sign to the purport of thoroughly confirming the identification card without selling liquor to minors.

At the time of the instant violation, two of the five juveniles were first to use the instant business establishment, but they were refused. Around about 20 minutes, only one juvenile who appears to be a full adult with the appearance of approximately 20 minutes, and the remaining four juveniles were provided with alcoholic beverages by entering the locked Round, and then the employees were to receive alcoholic beverages.

Furthermore, if the instant disposition becomes final and conclusive, it is anticipated that the Plaintiff, who bears a large number of rent and debt, actually has no choice but to close the instant business, and thus, the instant disposition is unlawful by abusing its discretion.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

existence of reasons for action;

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