1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is operating a mutual general restaurant (hereinafter “instant restaurant”) with the trade name “C” on the first floor of the Suwon-si building B in Suwon-si.

B. On December 18, 2019, the Chief of Suwon-nam Police Station notified the Defendant of the result of the instant case handling that “D, an employee of the instant restaurant, sold 11 soldiers a week to three juveniles who were in the instant restaurant on November 26, 2019, and D investigated D as a suspicion of violating the Juvenile Protection Act and sent it to the prosecutor’s office as a prosecution opinion.”

C. Accordingly, on January 31, 2020, the Defendant imposed a penalty surcharge of KRW 31,80,000,000 in lieu of one month of business suspension on the ground that the restaurant provided alcoholic beverages to juveniles and violated Article 44(2)4 of the Food Sanitation Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Juveniles entering the restaurant in this case’s summary of the Plaintiff’s assertion : (a) were able to see Do employees who enter the restaurant in question, teach their body, and take a threat to request Do to present an identification card; and (b) were able to do so.

In addition, as D requires the presentation of identification card, one of the juveniles presented a forged adult identification card, and the remaining two juveniles provided identification card, and it is false that they are between the military and the military, and D provided alcohol to juveniles.

As can be seen, D, an employee of the instant restaurant, not only presents a forged adult identification card, but also presents a desire and a threatening attitude, and provided alcoholic beverages. As such, D, an employee of the instant restaurant, should be exempted from the administrative disposition against the Plaintiff pursuant to the proviso of Article 75(1) of the Food Sanitation Act.

Even if it is not so, the above juveniles provide alcoholic beverages to them.