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(영문) 부산지방법원 2016.02.03 2015구단21180
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. The Plaintiff is running a general restaurant business in the trade name of “C” in Busan-gu, Busan-gu (hereinafter “instant business”).

B. On May 30, 2015, the police officer belonging to the Busan Urban Police Station discovered that D, his/her father and wife, was provided alcoholic beverages to juveniles at the instant establishment on May 30, 2015, and the head of the Busan Urban Police Station notified the Defendant of the above fact on June 1, 2015.

C. On June 30, 2015, the Defendant: (a) applied Articles 44(2) and 75 of the Food Sanitation Act; and (b) Article 89 of the Enforcement Rule of the same Act to the Plaintiff on the ground of the foregoing offense; (c) imposed two months of business suspension (hereinafter “the first disposition”).

The plaintiff filed an administrative appeal against the original disposition with the Busan Metropolitan City Administrative Appeals Commission, and on August 25, 2015, the Busan Metropolitan Administrative Appeals Commission rendered an adjudication that the original disposition against the plaintiff is changed to one month of business suspension.

(hereinafter referred to as “instant disposition” that was reduced to June 30, 2015 by an administrative appeal ruling to suspend business operations for a month (hereinafter referred to as “the instant disposition”). [The grounds for recognition] of absence of dispute, Gap evidence 1, Eul evidence 1 through 8 (including the serial number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) On May 30, 2015, D, which operated the instant business on behalf of the Plaintiff on behalf of the Plaintiff without the non-existence of the grounds for disposition, provided the Plaintiff with a flusium and the flusium for the instant business on May 30, 2015, where the flusium overlap with the flusium and the flusium, and the flusium 3 of the flusium at the time, flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium

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