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(영문) 서울행정법원 2019.08.23 2018구단73884
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a person who operates an entertainment drinking club (hereinafter referred to as “instant entertainment drinking club”) with the trade name “C” in the building located in Gangnam-gu Seoul Metropolitan Government.

The Seoul Gangnam Police Station sent the suspicion of violation of the Juvenile Protection Act under the "Provision of Juvenile Alcoholic Beverages" to the employees D of the instant entertainment tavern to the prosecution as follows.

Around 06:00 on August 22, 2018, an employee D violated the Juvenile Protection Act by selling juvenile E (hereinafter “juvenile of this case”) a total of 480,000 won of alcohol, beer, beer, and beer, etc., harmful to juveniles in the entertainment drinking house of this case.

As a result of the investigation, it is found that the juvenile of this case did not have access from the beginning, but later, that the appearance of this case was made a letter on his arms, and that he did not confirm his identification card because he did not appear as a juvenile due to a shoty, but he did not directly sell the alcohol to the juvenile of this case, but partially denied the suspicion of the crime of this case.

In the entertainment drinking house, it is naturally stated that the proprietor is receiving education from the proprietor as an opportunity to sell alcoholic beverages to juveniles while working in the entertainment drinking house, knowing that he/she should not sell alcoholic beverages to juveniles.

For the reasons for indictment, employee D, first, 3 of F et al. (hereinafter “instant customers”), not juveniles, entered the instant entertainment tavern and placed an order for beer and beer, etc., and later, 1 of the instant juveniles went first, and 2 of the instant juveniles were joined the instant entertainment tavern and did not sell or provide drinking after the instant juveniles entered the instant entertainment tavern, and 1 of the instant customers were able to look at the instant entertainment tavern for the purpose of calculation.

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