1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On August 14, 2014, the Plaintiff was issued a corrective order from the Defendant on the ground that he/she was engaged in business activities outside the building that is not included in the size of the place of business reported as a person who operates a C shift store in Seocho-gu Seoul Metropolitan Government (hereinafter “instant restaurant”).

B. On June 2, 2015, the Plaintiff, on the outside of the building that was reported on June 2, 2015, installed 8 tables and 32 simplified chairs, sold food and alcoholic beverages to customers, etc., and was once again discovered. The Defendant notified the Plaintiff on June 9, 2015 that he/she would be subject to a disposition of business suspension for 7 days.

C. On June 22, 2015, the Plaintiff submitted a written opinion stating that he/she would be subject to a penalty surcharge to the Defendant. On June 30, 2015, the Defendant imposed a penalty surcharge of KRW 4,620,000 in lieu of the business suspension on the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion without knowing that it was illegal, the Plaintiff conducted business activities outside the place of business, such as other businesses without having knowledge that it was illegal, and that the Plaintiff was faced with considerable difficulties in operating the place of business due to the lack of good competition, the instant disposition is deemed to have been abused or abused by discretion.

B. (1) Determination is made by comparing and balancing the degree of infringement of public interest and the disadvantage suffered by an individual by objectively examining the content of the offense as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto, etc. In such cases, the criteria for imposing sanctions are externally citizens or courts.