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(영문) 대구지방법원 2015.08.21 2014구단3278
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. On October 15, 2014, the Defendant sold alcoholic beverages to eight juveniles aged 16, around August 22, 2014, when the Plaintiff operated a general restaurant (hereinafter “C”) with the trade name “C” in Daegu Suwon-gu B, the Plaintiff sold alcoholic beverages to eight juveniles aged 16.

(hereinafter referred to as “instant violation”) on the ground of the instant violation, pursuant to Articles 44 and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act, two months of business suspension (from October 28, 2014 to December 26, 2014) were imposed (hereinafter “instant disposition”).

B. The Plaintiff filed an administrative appeal against the instant disposition, and the Daegu Metropolitan City Administrative Appeals Commission dismissed the said appeal on November 24, 2014.

C. Accordingly, on December 19, 2014, the Defendant notified the Plaintiff of the change of the period of business suspension of the instant disposition from January 2, 2015 to March 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 8, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s mother’s assertion 1) as of the time of the instant violation, D’s first 5-6 customers at the time of the instant violation, were adults as a result of confirming the identification card, and thereafter, they did not properly confirm the identification card for 2-3 customers, but they allowed her to her to hold a joint seat without drinking. The last customer who was a juvenile and was a juvenile was a juvenile, and the Plaintiff’s wife’s refusal to perform his duty to provide alcohol to the minor, is against wind. Therefore, the instant disposition is unlawful, since the Plaintiff’s family members are living with the income of the instant business establishment, and the existence of the said business establishment is difficult if the business is suspended for 2 months, and there is a serious obstacle to the Plaintiff’s livelihood.

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