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(영문) 청주지방법원 2017.09.28 2017구합317
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 general restaurant (hereinafter “instant restaurant”) in the name of “C” in Seowon-gu, Seowon-si.

B. On October 28, 2016, at around 22:40, the Plaintiff sold alcoholic beverages to D and E, a juvenile (hereinafter “instant violation”). The Cheongju District Prosecutors’ Office issued a disposition of uncomforcing evidence on December 30, 2016, on the ground that the Plaintiff’s suspicion of the instant violation of the Juvenile Protection Act was that “the juvenile was found to have illegally used another’s identification card and concealed the juvenile status, and the Plaintiff was merely a sale of alcoholic beverages by misunderstanding that the Plaintiff was a resident registration certificate and as an adult.”

C. On January 24, 2017, the Defendant rendered a six-day disposition of business suspension against the Plaintiff on the ground of the instant violation (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1 to 7 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion through thorough examination of the Plaintiff’s identification card provides alcoholic beverages without knowing whether the Plaintiff was a juvenile by theft of his/her identification card, and the Prosecutor recognized it and rendered a non-prosecution disposition (suspected of suspicion), Article 89 [Attachment Table 23] of the Enforcement Rule of the Food Sanitation Act, which provides that even in cases where the Plaintiff received the disposition of non-prosecution disposition, the number of business suspension days

I. General Standards 15. (j) Item (j) is merely a product of administrative convenience and arbitrary regulations to increase tax revenues. The instant disposition based on this is a highly advanced technology that requires the general public to bear a duty to distinguish an act of forgery and misappropriation of identification cards, and is in violation of the Constitution in violation of the rule of law, legal reservation and trust protection. Thus, the instant disposition should be revoked in an unlawful manner.

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