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(영문) 서울고등법원 2015.05.14 2014누69008
영업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance that cited this case is identical to the part of the reasoning of the judgment of the court of first instance, except for the dismissal as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The judgment of the first instance court 2 pages 3 " August 26, 2013" shall be deemed to be " June 26, 2013".

(b) 2 pages 7 of the judgment of the first instance court is as follows.

Article 75(1)13 and Article 44(1) of the Food Sanitation Act; Article 57 Subparag. 6(k) of the Enforcement Rule of the Food Sanitation Act; Article 89 Subparag. 10 of the attached Table 23(3)10 of the Enforcement Rule of the Food Sanitation Act

(a) For the purposes of item 4:

(c) by inserting two pages 3 of the first instance judgment, the following shall be added:

In addition, it is too excessive that the defendant ordered 15 days of business suspension to the plaintiff, and thus, it is deemed that the disposition of this case is unlawful.

(d) 4 pages 4 of the first instance judgment: (a) add the following:

In addition, Article 89 (3) 10 of the Enforcement Rule of the Food Sanitation Act of the defendant

A. In accordance with the criteria set forth in item 4, the business suspension 15 days was ordered, and there are no special circumstances to deem that the instant disposition was excessively excessive and unfair, it cannot be deemed unlawful to deem the instant disposition as an abuse of discretion.

“”

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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