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(영문) 대구지방법원 2014.12.31 2014구단2008
영업정지처분취소
Text

1. The Defendant’s disposition of business suspension for one month against the Plaintiff on June 2, 2014 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. B, while operating a general restaurant in the name of “D” in Daegu Northern-gu C (hereinafter “instant business establishment”), it was controlled as an act of providing alcoholic beverages to three juveniles (hereinafter “instant violation”) on January 16, 2014, including E (Nam, 17 years of age) around 21:50.

B. On March 10, 2014, the Plaintiff acquired the business of the instant establishment from B to the Defendant, and completed the report of succession to the status of the business operator, and thereafter operates the instant establishment.

C. On February 24, 2014, the Defendant notified the Daegu Northern Police Station of the instant violation at the instant establishment. On June 2, 2014, the Defendant issued a disposition of business suspension for two months on the ground that the Plaintiff, the transferee, committed the instant violation, thereby violating Article 44 of the Food Sanitation Act.

On July 28, 2014, the Daegu Metropolitan City Administrative Appeals Commission rendered an administrative appeal against the Plaintiff. The Daegu Metropolitan City administrative appeals commission rendered a ruling that “the disposition of business suspension against the Plaintiff for two months shall be changed to one month’s business suspension.” Accordingly, the Defendant made a disposition that changed the said disposition to one month’s business suspension (from August 25, 2014 to September 23, 2014) on August 18, 2014 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 7, 8, and 10 (including additional numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion B, at the time of the instant violation, sold alcoholic beverages without knowing that the said juvenile was a mature mother and 94 years old, and had no intention since they were sold alcoholic beverages without knowing that they were juveniles.

On January 13, 2014, the Plaintiff concluded a contract to take over the business of the instant business establishment, which was its transferor, and was unaware of the fact that the instant violation was committed. Therefore, the instant disposition against such Plaintiff.

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