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(영문) 부산지방법원 2015.07.08 2015구단442
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 (hereinafter “each of the instant restaurants”) under the trade name of “C” and “D” in Gangseo-gu Busan Metropolitan City.

B. At around 14:40 on June 19, 2014, public officials belonging to Busan Metropolitan City discovered groundwater that the Plaintiff had not undergone water quality testing in each of the instant restaurants, for food cooking and washing, and the Busan Metropolitan City notified the Defendant of the violation of the above Food Sanitation Act on October 7, 2014.

C. Accordingly, on December 22, 2014, the Defendant rendered the instant disposition ordering the Plaintiff to suspend the business of each of the instant restaurants for 15 days by applying Article 75 of the Food Sanitation Act, Article 89 [Attachment Table 23] of the Enforcement Rule of the Food Sanitation Act, etc. on the grounds that the Plaintiff used groundwater that did not undergo water quality testing in each of the instant restaurants for cooking and washing food.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 to 4, Eul evidence 1 to 8, the purport of the whole pleadings

2. Whether the lawsuit is lawful;

(a) Where the effective period of an administrative disposition is fixed, if the validity or execution of the disposition is not suspended, the effect of the administrative disposition is invalidated upon the expiration of the above period, and there is no legal interest to seek the cancellation of the disposition, unless there are any special circumstances to deem that any legal interest is infringed upon by the remaining form of the disposition after the expiration of

(See Supreme Court Decision 2002Du1946 delivered on July 8, 2004, etc.). B.

In full view of the above evidence and evidence No. 1’s overall purport of the argument, the instant disposition was executed from January 13, 2015, and the Busan Metropolitan City Administrative Appeals Commission rendered a decision to suspend the execution of the instant disposition by the time the administrative appeal is decided on January 13, 2015 upon the Plaintiff’s application to suspend the execution, and the Busan Metropolitan Administrative Appeals Commission filed an administrative appeal on February 24, 2015.

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