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(영문) 부산지방법원 2016.12.21 2015구단2363
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. From January 23, 2014, the Plaintiff operated a general restaurant (hereinafter “instant general restaurant”) with the trade name “C” on the B and the first floor of Jung-gu, Busan.

B. On September 13, 2015, around 01:20 on September 13, 2015, the Plaintiff controlled the police on the ground that the instant establishment offered alcoholic beverages to two juveniles.

(hereinafter the above act of providing liquor to juveniles is deemed to constitute a violation of this case.

On November 18, 2015, the Defendant rendered a disposition of business suspension for three months (hereinafter “the initial disposition”) to the Plaintiff on the ground of the instant violation pursuant to Article 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act.

The plaintiff filed an administrative appeal against the original disposition with the Busan Metropolitan City Administrative Appeals Commission, and on December 22, 2015, the Busan Metropolitan Administrative Appeals Commission made an adjudication that changed the original disposition against the plaintiff to the disposition of business suspension for two months.

(hereinafter referred to as “instant disposition”) the disposition taken on November 18, 2015, which was reduced to two months of business suspension by an administrative appeal ruling, is e.g.

On the other hand, on May 29, 2015, the Plaintiff received two months of business suspension from the Defendant on the ground that he/she provided alcoholic beverages to juveniles.

However, the Busan Metropolitan City Administrative Appeals Commission made a ruling that the disposition of the suspension of business for two months was changed to the disposition of the suspension of business for one month. As a result, the business was suspended from September 17, 2015 to October 16, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not provide two juveniles with alcoholic beverages on the day of the instant case.

Therefore, the defendant's disposition of this case is illegal since it was made by mistake of facts.

(b) as shown in the attached Form of the relevant statutes;

(c) be bound by the fact-finding in the criminal trial for the administrative decision.

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