logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2021.02.05 2020구단3103
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 designated as a tobacco retailer by the Defendant and operates a mutual convenience store (hereinafter “instant convenience store”) with the name “D convenience store E” in the Bupyeong-gu, Seocheon-gu, Nowon-gu, and C.

B. Around 22:00 on March 21, 2020, F, an employee of the instant convenience store, sold liquor and tobacco 2 A to juveniles by reporting another person’s resident registration certificate of a mobile phone located in the mobile phone presented by Juvenile G and neglecting to verify whether it is the same (hereinafter “instant violation”). F was subject to suspension of indictment on the violation of the instant Juvenile Protection Act by a public prosecutor of the subordinate branch office of the Incheon District Public Prosecutor’s Office on April 29, 2020.

(c)

After the Defendant was notified of the entry of the instant violation at the Busan High Police Station, the Defendant issued a two-month prior notice of the suspension of tobacco retailers’ business on May 20, 2020, following the hearing procedure on July 15, 2020, issued a disposition of suspension of tobacco retailers’ business for one month pursuant to Article 17(2) of the Tobacco Business Act and Article 11(4) and (5) of the Enforcement Rule of the Tobacco Business Act (hereinafter “instant disposition”).

On September 1, 2020, the plaintiff filed an administrative appeal with the Gyeonggi-do Committee for Administrative Trial.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the public interest, compared to the Plaintiff’s assertion, the Plaintiff’s economic loss, decline in sales, and termination of employment, and infringement of the Plaintiff’s right to comply with law during the 13 year period, such as failure to comply with the Plaintiff’s compliance business activities. Therefore, the instant disposition is unlawful by abusing discretion.

The amendment of Article 11 (4) of the Enforcement Rule of the Tobacco Business Act shall be made to the "Juvenile."

arrow