1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “C” on the B and 3rd floor in light name.

B. On October 4, 2018, the chief of the optical Police Station notified the Defendant of the result of the instant case handling that “Around September 21, 2018, the Plaintiff provided juvenile D’s identification card to him/her, which was in the instant restaurant, without examining the identification card, and sent the Plaintiff to the prosecution as a prosecution opinion,” which read that “A juvenile D’s identification card was provided to him/her on September 1, 2018.”

C. On December 26, 2018, the Defendant issued a disposition imposing a penalty surcharge of KRW 2,1150,000 in lieu of 45 days of business suspension on the ground that the Plaintiff provided alcohol to juveniles (the second violation) in the restaurant of this case (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on March 4, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the Supreme Court Decision 2005Du2223 Decided May 27, 2005, the purport of the plaintiff's assertion is that, even if a juvenile was partially drunk, it cannot be deemed that a juvenile alcoholic beverage was provided, unless there are circumstances that could anticipate that the restaurant operator was able to anticipate that the juvenile was able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to able to

In this case, first of all, an adult customer was provided with an order for beer and beer and beer in a restaurant. At the time, an employee could not at all anticipate that a juvenile was incompet with the table. After a locking, the above juvenile D was in a restaurant where the above juvenile D was mixed with a broadcast prior to a beer game room.