1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From August 13, 2003 to 256 (Search Dong) as a search by Eunpyeong-gu, the Plaintiff is operating other food sales business establishments with the size of 524.29 square meters in a building located in Eunpyeong-gu.

B. On April 1, 2016, the Defendant imposed a fine of KRW 8.2 million in lieu of the seven days of business suspension pursuant to Articles 44, 75, and 82 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the ground that the Plaintiff displayed and stored products, the distribution period of which has elapsed on March 3, 2016, for the purpose of sale (e.g., bee-c., bee-c., bee-c. the instant disposition) on the Plaintiff.

C. The Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission on May 16, 2016, but was dismissed on August 8, 2016.

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

2. Determination on the legitimacy of the disposition

A. On February 23, 2016, the Plaintiff’s assertion that the product whose distribution period has expired in the store operated by the Plaintiff was displayed. However, since the product whose distribution period has expired was returned at any time upon consumer’s request, it would be returned to the seller at any time, displaying the distribution-by-sale product on the sales stand would rather undermine the image of the store, and it is difficult for the business owner to display the product whose distribution period has expired at the sales stand.

In this case, it is deemed that an employee cleaning the store is due to minor negligence, which is caused by the wind that sets a difference in the display stand up to the display stand. However, the instant disposition imposing a penalty surcharge in lieu of seven days of business suspension is illegal as a disposition deviating from or abusing discretionary power.

(b) Business operators and their employees prescribed by Presidential Decree, including food service business operators, etc., under Article 44 (Matters to be Observed by Business Operators, etc.) of applicable Acts and subordinate statutes, shall manage sanitation and maintain order in business,