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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “C” in Gyeyang-si, Yangsan-si.
On August 26, 2018, around 00:30 on August 26, 2018, the Plaintiff sold 5 illness, etc. to juvenile D (at the time, 18 years of age), E (n, 18 years of age at the time, 18 years of age) and one other (hereinafter collectively referred to as “instant juveniles”).
(hereinafter “instant criminal facts”). The Plaintiff was charged with summary indictment as the Ulsan District Court Decision 2018 High Court Decision 201551 on the same criminal facts.
On November 9, 2018, the above court found the defendant guilty of the above crime and rendered a summary order that the plaintiff be punished by a fine of KRW 500,000 as a crime of violating the Juvenile Protection Act.
On February 15, 2019, the Plaintiff appealed and filed an application for formal trial with the Ulsan District Court 2018 High Court 201,986. On February 15, 2019, the above court sentenced the Plaintiff to a fine of KRW 500,000 as an offense of violating the Juvenile Protection Act, and sentenced the Plaintiff to suspend the execution of the above punishment for one year from the date when the above judgment became final and conclusive (hereinafter “instant criminal judgment”), and the above judgment became final and conclusive on February 23, 2019.
On February 18, 2019, the Defendant rendered a disposition of business suspension for two months (from March 5, 2019 to May 3, 2019) on the ground that “an act of providing liquor to juveniles (the first vehicle)” was “an act of providing liquor to juveniles.”
(hereinafter referred to as “instant disposition.” The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the Gyeong-do Administrative Appeals Commission dismissed the Plaintiff’s appeal on May 13, 2019.
Accordingly, on May 20, 2019, the Defendant re-determined and notified the Plaintiff of the period of business suspension from May 27, 2019 to July 25, 2019.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 10 (including each number in the case of additional evidence) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the instant juveniles are minors.