1. The Defendant’s disposition of business suspension for 29 days against the Plaintiff on June 14, 2018 shall be revoked.

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

1. Details of the disposition;

A. From November 7, 2016, the Plaintiff registered the business of “C” in the name of “C,” and operated a bar-type general restaurant (hereinafter “instant business”). On January 5, 2018, between D and D, the Plaintiff paid KRW 2,40,00 per month to D, and D paid KRW 80,000 per day on an average of eight hours, and D signed a contract for the main business as a service duty and employed D.

B. On March 2, 2018, the Supreme Prosecutors’ Office sent to the Defendant a report received at a national newspaper to the effect that “the Plaintiff, etc. employed entertainment visitors at the instant business establishment, etc., which is a general restaurant, and let entertainment visitors attend the entertainment and drink with customers and drink as they would drink.”

C. On March 7, 2018, the Defendant: (a) visited and investigated the instant business establishment; (b) conducted an act, such as drinking alcohol with a customer, and (c) thereby allowing the Plaintiff to provide entertainment services by employing entertainment workers; or (d) promoting or implied the said act; (b) issued a disposition of suspension of business for one month pursuant to Articles 44(1) and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act; (c) on June 14, 2018, the Gyeonggi-do Administrative Appeals Commission rendered a disposition of suspension of business for 29 days (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 8, and Eul evidence Nos. 6, Gap evidence Nos. 2-1, 2, 3, 4, 5, 8, and Eul evidence Nos. 1 through 5, 7, 8, and the purport of the whole pleadings.

2. Determination on the legitimacy of the instant disposition

A. The plaintiff's assertion 1) The non-existence of the grounds for disposition or the abuse of discretionary power (the head of the first place D did not engage in entertainment activities such as following the drinking to customers or drinking with the drinking authorized by customers at the instant place of business, and family D provided the drinking to customers.