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(영문) 서울행정법원 2021.01.13 2020구단76268
영업정지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff, a corporation, the purpose of which is general restaurant business, filed a report on the business of a general restaurant (hereinafter “instant business”) under the name of Yongsan-gu Seoul Metropolitan Government building C Dong (hereinafter “instant building”) and a general restaurant (hereinafter “D”).

B. On February 17, 2020, the Defendant issued a corrective order on the first floor of the instant building that did not report to the Plaintiff as a place of business (hereinafter “the instant interior license”) on the ground that the Defendant operated 6 trustees and 24 chairs.

(c)

On April 28, 2020, the Defendant rendered a disposition to impose a penalty surcharge of KRW 8,260,000 in lieu of 7 days of business suspension due to the Plaintiff’s reason that “the Plaintiff operated 8,260,000 in the instant Guate, which is a place of business outside of the place of business on March 27, 2020.” (The Plaintiff sought the revocation of the imposition of a penalty surcharge by 13779, supra).

On October 6, 2020, the Plaintiff was found to have operated 7 trustees and 14 chairs in the instant table.

E. On November 6, 2020, the Defendant rendered a 15-day disposition of business suspension (hereinafter “instant disposition”) to the Plaintiff on the ground of “non-business (non-business (non-business)” (hereinafter “the instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 3, 5 through 7, Eul evidence Nos. 2 and 4, Eul evidence and video, Gap evidence Nos. 3, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. The instant disposition asserted by the Plaintiff deviates from or abused discretion for the following reasons.

1) The Plaintiff is running in the form of completely separating the first floor from the underground floor of the instant building from that of the instant building.

The license of this case was used for the business of the first floor of the building of this case, and the defendant issued an order to suspend the whole business of this case beyond the first floor of this case.

2) The Plaintiff’s degree of violation is insignificant and compared to the public interest to be achieved by the instant disposition.

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