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(영문) 수원지방법원 2020.03.13 2020구단6055
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 operating a mutual general restaurant (hereinafter “instant restaurant”) with the trade name “E” in Suwon-si Suwon-si District B, C, and D.

B. On November 21, 2019, the chief of the Seocho-gu Police Station notified the Defendant of a business establishment subject to administrative disposition that “the Plaintiff provided two juvenile 2 soldiers to the instant restaurant around October 23:50, 2019, and the Plaintiff investigated the Plaintiff on suspicion of violating the Juvenile Protection Act and sent the Plaintiff to the prosecution as a prosecution opinion.”

C. Accordingly, on January 2, 2020, the Defendant rendered a disposition of suspension of business for one month against the Plaintiff on the ground that the Plaintiff offered liquor to juveniles and violated Article 44(2) Subparag. 4 of the Food Sanitation Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that there was no record of regulating the Plaintiff’s offer of juvenile alcoholic beverages prior to the instant disposition; the Plaintiff was the first offender of the crime of violating the Juvenile Protection Act due to the provision of juvenile alcoholic beverages; the Plaintiff was subject to the prosecution’s suspension of indictment on the grounds that the circumstances were considered to have faithfully impaired the inspection of identification card against the juveniles; the instant restaurant is unable to be operated due to difficult circumstances; and the Plaintiff also has a very difficult economic situation, such as being subjected to the court’s decision to commence individual rehabilitation procedures, etc., the instant disposition should be revoked since it was erroneous in the misapprehension of discretionary authority due to excessive disadvantages suffered by the Plaintiff compared to the public interest to be achieved through the relevant disposition.

(b) The attached Form of relevant statutes is as follows.

C. The issue of whether a punitive administrative disposition exceeds or abused the scope of discretion by social norms is relevant to the act of disposal as the grounds for the disposition.

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