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(영문) 대전지방법원 2016.11.24 2016구단419
영업정지 7일 갈음 과징금부과처분취소
Text

1. On February 25, 2016, the Defendant imposed a penalty surcharge of KRW 6,160,000 on the Plaintiff in lieu of seven days of business suspension.

Reasons

1. Details of the disposition;

A. On May 25, 2007, the Plaintiff reported the restaurant's business in the name of "C" located in Dong-gu Daejeon, Daejeon, and operates the restaurant's business.

B. On November 30, 2015, the Plaintiff was issued a corrective order on the ground that the Defendant did not change the size of the place of business and report the change thereof.

After that, on January 29, 2016, the Plaintiff was confirmed and confirmed as to whether the Defendant runs a business without reporting the alteration of the area of the place of business, and around 19:45 on the same day, the Plaintiff confirmed that at around 19:45 on the same day, the Defendant was using the guest room, such as installing 8 tables and a majority of visitors other than the place of business, providing meals to 19 unspecified customers. The Plaintiff was requested to sign a written confirmation stating “the plastic house is installed outside the building and used as the guest room.” However, the Plaintiff refused to sign by asserting that he adjoins the son rather than the son, and was requested by the Defendant to sign the said written confirmation at around 20:03 on the same day.

C. Accordingly, on February 25, 2016, the Defendant issued a disposition imposing a penalty surcharge of KRW 6,160,000 in lieu of the seven days of business suspension on the ground of “the size of the place of business is modified and the report of modification is not made” due to the above violation committed against the Plaintiff on January 29, 2016 (hereinafter “instant disposition”).

The plaintiff filed an administrative appeal, but was dismissed on April 25, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 2, 3, 4, 5, and 8, and the purport of the whole pleadings

2. The plaintiff alleged that the plaintiff provided food free of charge to the branch, and does not conduct business without reporting the expansion of the place of business. Thus, the defendant's disposition of this case on a different premise is unlawful.

3. In full view of the overall purport of the pleadings in the photographs attached to the evidence No. 2 regarding the determination of legality of the instant disposition, the Plaintiff constructed a vinyl house without permission.

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