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(영문) 대구지방법원 2019.06.21 2019구단571
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. From November 8, 2017, the Plaintiff is operating a general restaurant in the trade name of “D” (hereinafter “instant business”).

B. On November 20, 2018, E, who had worked as an employee of the instant establishment, was issued a summary order of KRW 300,000 on the violation of the Juvenile Protection Act that “Around October 6, 2018, E sold alcoholic beverages, which are harmful to juveniles, without verifying identification cards, etc. to the juvenile F (16 years of age), G (17 years of age), H (18 years of age), and I (17 years of age) at the instant establishment, the summary order was finalized on December 4, 2018.”

C. On November 26, 2018, the Defendant: (a) applied Articles 44(2) and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act to the Plaintiff on the ground of the provision of juvenile alcoholic beverages; (b) made two months of business suspension (hereinafter “the first disposition”).

The plaintiff filed an administrative appeal against the original disposition, and on January 28, 2019, the Daegu Metropolitan City Administrative Appeals Commission made an adjudication to change the original disposition to the disposition of business suspension for one month.

(hereinafter referred to as “instant disposition” which was reduced to November 26, 2018 by the said administrative appeal ruling to suspend business operations for a month (hereinafter referred to as the “instant disposition”). 【The ground for recognition”), the fact that there is no dispute, Gap’s evidence Nos. 1 through 3, and Eul’s evidence Nos. 1 through 13, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was in the presence of the Plaintiff at the time. Employees E demanded identification cards to the juveniles, but a man with a large value of stuffed during the day, not a minor, was unable to verify his or her ability to do so. At the time, juveniles were likely to be able to be locked, and female juveniles were also in a large degree, and female juveniles were placed in the head of marry so that cremation was not separated from adults by appearance, and the Plaintiff’s family members, including her mother, who are in the second degree of cerebral disease disorder.

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