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 food service business operator operating a general restaurant in the name of “C” in Asan City B.
B. On April 29, 2017, around 23:30, the Plaintiff sold alcoholic beverages to seven persons, including D (17 years of age) who were juveniles at the above restaurant.
(hereinafter “instant alcoholic beverage sales”). C.
On May 25, 2017, the Defendant issued a two-month business suspension (from June 8, 2017 to August 6, 2017) pursuant to Article 44(2) of the Food Sanitation Act on the grounds of the instant liquor sales to the Plaintiff, following prior notice of the administrative disposition and the submission of opinions.
(hereinafter referred to as "original disposition") d.
The plaintiff filed an administrative appeal against the original disposition, but the above claim was dismissed on August 7, 2017.
E. On August 25, 2017, the Defendant notified the Plaintiff that the two-month period of business suspension of the original disposition was changed from August 28, 2017 to October 26, 2017 and continued to exist.
(hereinafter referred to as the “instant disposition”). [Grounds for recognition] No dispute exists, entry in Gap’s Evidence Nos. 1 through 6, 9, and Eul’s Evidence Nos. 2 through 8, and the purport of the entire pleadings.
2. Whether the instant disposition is lawful
A. The purport of the Plaintiff’s assertion is that the Plaintiff: (a) as the mother’s family of over 60 years old, four children are back; (b) a small general restaurant is operated without an employee; and (c) there is no sign to provide a juvenile alcoholic beverage prior to the instant case; (d) the day of the instant disposition is that a customer sells alcoholic beverages without doubt as he/she is a juvenile due to booming of boom during the late night hours; (c) the instant disposition made it difficult for him/her to live due to the instant disposition; (d) the degree of the instant violation is insignificant or has no intention; and (e) it constitutes grounds for mitigation under the Enforcement Rule of the Food Sanitation Act.