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(영문) 수원지방법원 2017.03.24 2016구단3042
영업정지처분취소
Text

1. The Defendant’s disposition of business suspension against the Plaintiff on October 31, 2016 shall be revoked.

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

Reasons

1. (i) From December 13, 2013, the Plaintiff operated food service business (general restaurants) with the trade name “C” on the amended Manam-si B and 1st floor from Sungnam-si, and on September 14, 2016, around 00:30 on September 14, 2016, the Plaintiff sold 2 Maju-ju and 5 Maju-ju, which are drugs harmful to juveniles, to two juveniles, including D, who are 17 years of age in the above restaurant.

B. On October 31, 2016, the Defendant rendered a decision to suspend the execution of the instant disposition until the instant judgment is rendered, pursuant to Article 75 of the Food Sanitation Act, to order the Plaintiff to suspend its business for two months (from December 1, 2016 to January 29, 2017) based on Article 75 of the Food Sanitation Act.

AB made it.

【Uncontentious facts, Gap’s evidence 1, 2, Eul’s evidence 2, Eul’s evidence 3-2, the purport of the whole pleadings

2. According to Article 75(1)13 and (5) and Article 44(2) of the Food Sanitation Act, when a food entertainment business operator provides alcoholic beverages to juveniles, he/she may revoke a business license or suspend all or part of the business for a fixed period of not more than six months, as prescribed by Presidential Decree, or order the closure of a business office, and the detailed criteria for the administrative disposition shall be prescribed by Ordinance of the Prime Minister, considering the type of the violation and the degree of the violation.

According to Article 82 (1) of the Food Sanitation Act, even if the above grounds for business suspension are applicable to the above grounds, a penalty surcharge may be imposed in lieu of such grounds, as prescribed by Presidential Decree, and Article 75 (1) is excluded from the imposition of penalty surcharges in violation of Article 44.

According to Article 53 of the Enforcement Decree of the Food Sanitation Act, the amount of penalty surcharges imposed pursuant to the main sentence of Article 82 (1) of the Act shall be calculated by applying the criteria prescribed in attached Table 1 according to the criteria for suspension of business prescribed by Ordinance of the Prime Minister, the criteria for suspension of

The above laws and regulations.

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