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(영문) 수원지방법원 2017.02.15 2016구단2582
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. During the period from June 12, 2014, the Plaintiff is operating a general restaurant in the main place (hereinafter “instant place of business”) in the name of “C” in the Gu-gu, Ansan-si.

B. On July 24, 2015, the Defendant issued a disposition of the suspension of business for two months against the Plaintiff from September 20, 2016 to November 18, 2016 (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with this and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on November 9, 2016.

[Ground of recognition] No dispute, Gap 1 through 3, Eul 2, 8, and 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that four customers who appear on the day of the instant case were to find and present their identification cards, but three of them were confirmed to be not a verbal minor while showing their identification cards at the last visit, and the remaining one was confirmed to be not a minor and provided alcoholic beverages after confirming that he was not a minor.

However, in the last time, when the police find and confirm identification cards, five juveniles who were next to the death of the plaintiff were added, and all nine persons were confirmed to be minors.

As can be seen, the Plaintiff did not intentionally provide liquor to minors, and it caused the instant disposition by deceiving the Plaintiff with forged identification cards. Therefore, the instant disposition should be revoked or mitigated.

(b) The attached Form of relevant statutes is as follows.

C. Sanction against the violation of the administrative law 1 is a sanction against the objective fact of the violation of the administrative law in order to achieve the administrative purpose, and thus, it may be imposed even if there is no intention or negligence on the part of the violator, barring any special circumstance, such as where it is impossible to cause the violator’s negligence.

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