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(영문) 서울행정법원 2015.06.26 2015구단7114
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is operating a general restaurant of “C” on the second floor of Gangseo-gu Seoul Metropolitan Government.

On September 12, 2014, the Plaintiff, at around 23:18, allowed the said general restaurant to have sound and reflective facilities, and allowed customers whose name is unknown to sing.

(hereinafter “instant violation”). On November 19, 2014, the Defendant issued a disposition against the Plaintiff under Articles 44(1) and 75(1)13 of the Food Sanitation Act, Article 57 of the Enforcement Rule of the same Act, [Attachment 17] subparagraph 6(l)2 of the same Act, Article 89 and [Attachment 23] subparagraph 10(a)3 of the Enforcement Rule of the same Act for one month of business suspension (from February 1, 2015 to March 2, 2015).

(hereinafter “Initial Disposition”). Accordingly, the Plaintiff filed an administrative appeal on January 16, 2015.

On April 27, 2015, the Seoul Special Metropolitan City Administrative Appeals Commission made a ruling to change the original disposition to the business suspension for 20 days.

Accordingly, on May 15, 2015, the Defendant notified the Plaintiff that the initial disposition was changed to 20 days of business suspension (from June 6, 2015 to June 25, 2015).

(hereinafter referred to as the “instant disposition”) of the business suspension period remaining after reduction as above during the initial disposition (hereinafter referred to as the “instant disposition”). [Grounds for recognition] of absence of dispute, Gap evidence 2, Eul evidence 1-6, and the purport of the entire pleadings

2. Whether the disposition is lawful;

A. In light of the fact that the Plaintiff asserted that the instant disposition was committed against the Plaintiff, but it was caused by negligence and intentionally, and that the Plaintiff’s monthly income is merely about KRW 1.4 million, and that the Plaintiff’s livelihood would be significantly impeded by the instant disposition, and that the Plaintiff has been living in an exemplary and sincere manner, and that the instant disposition is against the instant violation, it should be revoked because it is too harsh to the Plaintiff.

B. The sanctions imposed on the violation of the administrative laws and regulations are sanctions based on the objective fact of the violation of the administrative laws and regulations in order to achieve the administrative objective, so that the violator is justified that he did not know his duty.

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