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(영문) 인천지방법원 2016.11.22 2016구단435
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. From March 13, 2014, the Plaintiff is operating a general restaurant (hereinafter “C”) with the trade name “C” in Seo-gu, Seo-gu, Incheon (103 to 104) from around March 13, 2014.

B. Around December 25, 2015, around 18:00 on December 25, 2015, the Plaintiff’s spouse D provided alcohol to two juveniles at the instant establishment, which was controlled by the police.

(hereinafter, as seen above, the act of providing liquor to juveniles is deemed to constitute a violation of this case.

On January 28, 2016, the Defendant rendered a disposition of business suspension for two months on the ground that the instant violation was committed against the Plaintiff.

(hereinafter referred to as “the initial disposition”) d.

The plaintiff filed an administrative appeal seeking revocation with the Incheon Metropolitan City Administrative Appeals Commission on the initial disposition, and the Incheon Metropolitan City Administrative Appeals Commission accepted part of the plaintiff's assertion on March 28, 2016, and rendered an adjudication that the initial disposition is changed to one month of business suspension.

E. On April 5, 2016, the Defendant changed the original disposition of business suspension to one month according to the above ruling.

(hereinafter referred to as the "disposition in this case"). [The ground for recognition] The fact that there is no dispute, Gap's evidence Nos. 1, 2, 5, 6, Eul's evidence Nos. 1 through 15, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. One of the two asserted juveniles presented an adult identification card, and the other one was committed to comply with laws and regulations by deceiving juveniles, such as revealing that they are friendship, and thoroughly checking identification card if they are suspected as ordinary juveniles, and making efforts to comply with such rules and regulations. A deposit 15 million won per month is paid and operating the business of this case is difficult to go into Buddhist games; a lot of debts, wages for employees, and family's livelihood due to the instant disposition; and the Plaintiff was subject to administrative sanctions due to violation of the past laws and regulations.

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