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(영문) 서울행정법원 2015.04.16 2014구단12904
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. The Plaintiff is a person operating a general restaurant in the name of Seocho-gu Seoul Metropolitan Government “C” (hereinafter “instant restaurant”).

B. On February 28, 2014, around 21:54, the Plaintiff established a singing cycle in the instant restaurant, and had customers sing in the instant restaurant to sing the instant restaurant and violated the rules to be observed by general restaurant operators.

C. On August 26, 2014, the Defendant rendered a disposition of business suspension for one month to the Plaintiff pursuant to Articles 44 and 75(1) of the Food Sanitation Act and Article 57 of the Enforcement Rule of the same Act (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1 through 7 (including each number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that: (a) as a person who had been engaged in the drum in Group D “C”, the person who had been engaged in the drum activities in the name of “D” in the past; (b) sought the restaurant in this case; and (c) took a stage at the customer’s request; and (d) the person related to the competitor’s establishment took photographs of

The plaintiff thought that the number of people, not ordinary customers, sing at the request of panpanty does not violate relevant laws and regulations.

In addition, since the plaintiff supports his mother and his wife who is a disabled person and disbursed rent of 1,90,000 won per month and interest on loans for the operation of the restaurant of this case, the damage suffered by the plaintiff is enormous if the disposition of this case does not operate at all for one month.

Therefore, considering these circumstances, the instant disposition is unlawful as it deviates from and abused discretion.

B. Article 57 [Attachment Table 17] 6 of the Enforcement Rule of the Food Sanitation Act

l.2) Item (ii) and Article 89 [Attachment II-Class 3] provide general restaurant operators with sound and reflective facilities and serve as customers.

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