1. The plaintiff's claim is dismissed.

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

1. On July 5, 2014, around 00:40 on July 5, 2014, the Plaintiff operating an entertainment drinking club “C” (hereinafter “instant main shop”) on the part of Busan Jung-gu and the second floor (hereinafter “instant main shop”) sold alcoholic beverages, such as 8 bottles, to five juveniles including D and E.

Accordingly, on September 22, 2014, the Defendant notified the Plaintiff that the penalty surcharge of KRW 26.4 million should be imposed in lieu of the business suspension period of one month in lieu of the Plaintiff’s provision of alcoholic beverages to juveniles.

(hereinafter “Disposition in this case”). [Grounds for recognition] No dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The instant disposition was unlawful since the Plaintiff’s summary of the Plaintiff’s assertion did not have the awareness of selling liquor to juveniles.

In addition, taking into account the fact that the Plaintiff had no previous conviction and there are circumstances to consider the circumstances of the violation, imposing a penalty of KRW 26.4 million equivalent to the net profit of the 30-month main point of this case is an abuse of discretion.

3. Determination

A. According to relevant Acts and subordinate statutes, food service business operators shall not engage in providing liquor to juveniles under the Juvenile Protection Act (Article 44(2)4). In the event of violations, the head of the Gu may order suspension of business (Article 75(1)13), and may impose a penalty surcharge not exceeding 200 million won in lieu of such order.

(The main text of Article 82(1)). Article 89 and attached Table 23 of the Enforcement Rule of the Food Sanitation Act, which set detailed standards for the suspension of business pursuant to Article 75(4) of the Food Sanitation Act, are based on two months of the suspension of business in the event of providing alcoholic beverages to juveniles (II. 11.d. 11. d. 3). If the degree of violation is insignificant or minor minor negligence without intention, a disposition may be mitigated within the scope of 1/2 of the suspension period.

(I) On the other hand, it is imposed in lieu of the suspension of business pursuant to Article 82 of the Food Sanitation Act.