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(영문) 수원지방법원 2016.09.30 2015구단2714
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. From May 28, 2013, the Plaintiff operated a general restaurant in the name of “C” in the name of “C” on the following grounds: (a) around March 28, 2015, the Defendant issued a disposition of business suspension for the Plaintiff on May 15, 2015 pursuant to Articles 75 and 44(2) of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the grounds that the Plaintiff provided alcoholic beverages to juveniles in C.

B. On August 26, 2015, the Gyeonggi-do Administrative Appeals Commission filed an administrative appeal, and decided that the disposition of business suspension for the Plaintiff on August 26, 2015 was excessive, and that the disposition of business suspension is mitigated to one month.

C. According to the above ruling, the defendant changed the disposition of the business suspension for two months against the plaintiff to the disposition of the business suspension for one month.

[Ground of recognition] Evidence Nos. 2, 3, Eul No. 11, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that: (a) at the time of the Plaintiff’s inspection of identification card on the instant juveniles; (b) the juveniles provided alcoholic beverages to adults with the knowledge of the wind of adult happiness while presenting their identification card; and (c) the said juveniles were admitted to unlawful uttering of official document but the indictment was suspended; and (d) the Plaintiff was under threat of the Plaintiff’s livelihood due to the instant case, the instant disposition was excessively harsh and is deemed to have abused discretion.

B. In other words, the following circumstances recognized by the purport of the statement Nos. 3 and 10 of the board Nos. 3 and 3 and 10 and the entire arguments are as follows, even if the plaintiff did not request some juveniles to produce identification cards, and the police officer called "the victim's disability" to the instant juveniles, etc., and the plaintiff sent them to C, and the plaintiff was sealed into the warehouse in the toilet, and the defendant demanded some juveniles to produce identification cards.

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