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(영문) 서울행정법원 2019.01.11 2018구단59000
영업정지처분취소
Text

1. The Defendant’s business suspension disposition against the Plaintiff on March 15, 2018 shall be revoked for one month.

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

Reasons

1. Details of the disposition;

A. The Plaintiff operates the instant entertainment tavern (hereinafter “instant entertainment tavern”) with the trade name “C” in Gangnam-gu Seoul Metropolitan Government (Ground 2) (hereinafter “C”).

B. On June 10, 2017, the Plaintiff, at the new wall, controlled that the instant entertainment drinking house provided a juvenile-related juvenile-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage-related alcoholic beverage (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 5, and 6, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) established a “camblingman,” which is a normal identification card inspection machine, and confirmed thoroughly as to whether a juvenile was a juvenile by comparing his identification card. However, at the time of the instant case, D, an adult, first admitted to the instant entertainment drinking house, and became an entry into the instant entertainment drinking house through the back door located in the toilet located in the toilet without going through a normal way. However, at the time of providing alcoholic beverages, D was not in the instant entertainment drinking house, and it was impossible for the Plaintiff to expect D to enter the instant entertainment drinking house without going through a normal route. Considering such circumstances, there was a justifiable reason that the Plaintiff could not have caused the Plaintiff’s failure to perform his duty to provide alcoholic beverages, and thus, the instant disposition is unlawful, even if the Plaintiff committed an act of offering alcoholic beverages to a juvenile, there are circumstances that could be considered for the reasons why the Plaintiff provided alcoholic beverages to the juvenile, and that the Plaintiff did not have any history of violating the same Act, and that the Plaintiff suffered a significant economic loss due to the instant disposition.

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