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(영문) 서울행정법원 2016.06.01 2016구단11745
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 operating a singing practice room (hereinafter “the instant singing practice room”) with the trade name “C” on the B branch of Nowon-gu in Seoul Special Metropolitan City.

B. On March 1, 2016, around 01:09, the Plaintiff sold alcoholic beverages to customers in the instant singing practice room, but was discovered at the Nowon Police Station. On June 11, 2015, the Defendant issued a disposition of suspension of business on the ground that the Plaintiff sold and supplied alcoholic beverages in the instant singing practice room, but the Plaintiff was subject to a disposition of suspension of business on the ground that the Plaintiff fell under the category of alcoholic beverage sales and provision of alcoholic beverages (j) (hereinafter “instant disposition”). On May 3, 2016, the Plaintiff rendered a disposition of suspension of business 30 days (from May 23, 2016 to June 21, 2016) (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, 6, 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the fact that the Plaintiff had operated the instant singing practice room for eight years, and the Plaintiff actually most difficult to operate the instant singing practice room and maintained his livelihood, and the Plaintiff’s claim that young male descendants requested excessive liquor and refused it, and there were circumstances to consider the circumstances leading up to the act of violation that led to the Plaintiff’s refusal to provide six cans for beer, which led to the Plaintiff’s violation, the instant disposition was unlawful as it excessively harsh to the Plaintiff, thereby abusing discretion.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual as well as the degree of infringement of public interest by objectively examining the content of the violation as the grounds for the disposition in question, the public interest achieved by the disposition in question, and all relevant circumstances. In this case, the criteria for the punitive administrative disposition in question shall externally

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