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(영문) 수원지방법원 2018.12.19 2018구단7987
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. On September 1, 2016, the Plaintiff reported a general restaurant business under the trade name “C” (hereinafter “instant business”) in Yeongdeungpo-gu, Suwon-si, Suwon-si, and operated the instant business from around that time.

B. On May 2, 2018, around 19:30 on May 2, 2018, the Plaintiff’s employees D received the order of the suit from E (WW 2000 students, LW 200 students, LW 200 students, F (W 200 students) that he had been aware that he had already been aware of, and had been a juvenile, at the instant establishment. On the other hand, the Plaintiff’s employees D presented the identification card indicating that he was a juvenile and provided the same week with the same

C. D and the above juveniles made a false statement that D did not conduct an identification card inspection at the time of detection by the police, and subsequently reversed the statement that the investigative agency inspected the identification card.

On June 19, 2018, the prosecutor acting for the prosecutor of the Suwon District Prosecutors' Office did not have any previous case in relation to D, and the case is relatively minor, and it resulted in the instant crime in the restaurant while making part-time service in the restaurant, and it is against the fact that it is being reflected, etc., the suspension of indictment was imposed and the disposition was taken to the plaintiff without any evidence due to lack of evidence.

E. On July 10, 2018, the Defendant rendered a disposition to suspend the business of the instant establishment on the ground that the Plaintiff offered liquor to juveniles as above, and as such, the Defendant’s disposition to suspend the business of the instant establishment for one month after reducing one month compared to the disposition standards; hereinafter “instant disposition”).

A. [In the absence of dispute over the grounds for recognition, the respective entrys or images of Gap evidence 1, 2, and 6-1, 2, 8, 12, and 13-1, 2, 8, 12, and 13, and Eul evidence Nos. 1 through 7, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that it is unreasonable for the Plaintiff to state that the Plaintiff’s employees D were to provide fake alcoholic beverages intentionally with juveniles, and that it is also unreasonable to stipulate that the Plaintiff should be prevented even in such a case, and that recently juveniles have forged and presented their identification cards up to 9/10 of the criteria for disposition.

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