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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Details of the disposition;
A. The Plaintiff operated the instant entertainment tavern (hereinafter “instant entertainment tavern”) with the trade name “C” in Gangnam-gu Seoul (hereinafter “Seoul”)
B. On June 10, 2017, the Plaintiff: (a) provided the instant entertainment drinking house to D (Is and Bs 18 years old at the time) a juvenile harmful drug, etc.; (b) on March 15, 2018, the Defendant rendered a disposition of suspending business operations for one month (from April 27, 2018 to May 26, 2018) on the ground that the Plaintiff provided alcoholic beverages to the Plaintiff in accordance with Article 75 of the Food Sanitation Act, etc. (hereinafter “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Plaintiff’s assertion 1) The Plaintiff established a “camblingman,” which is a normal identification card inspection machine, and confirmed thoroughly whether visitors are juveniles through a personal identification card comparison. However, at the time of the instant case, D, an adult, first admitted to the instant entertainment drinking house, and entered the instant entertainment drinking house through the back door located in the toilet near the toilet without going through a normal studio. The Plaintiff could not anticipate that D, without going through a normal route, could not have access to the entertainment drinking house of this case. Moreover, employees only provided alcoholic beverages to juveniles in the form of damage to D. Considering these circumstances, the Plaintiff did not provide alcoholic beverages to juveniles, or even if having provided alcoholic beverages, there were justifiable grounds that could not cause the Plaintiff’s failure to perform his/her duties, and thus, the instant disposition is unlawful. 2) Even if the Plaintiff provided alcoholic beverages to juveniles, the circumstances leading up to the Plaintiff’s offering of alcoholic beverages, as seen above, can be considered.