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(영문) 인천지방법원 2020.04.24 2020구단50062
영업정지처분 취소 청구의 소
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 a person who operates a general restaurant (hereinafter “instant restaurant”) with the trade name “D” in Bupyeong-gu Incheon Metropolitan City B building and “D.”

B. On July 16, 2019, around 02:30 on July 16, 2019, the Plaintiff’s employee E was exposed to the police due to the violation of the Juvenile Protection Act on the ground that he sold liquor to 4 juveniles in the instant restaurant.

C. The Defendant notified the Plaintiff of the discovery by the Incheon Yongsan Police Station, notified the Plaintiff of the two-month suspension of business due to the violation of Article 44 (Matters to be Observed by Business Operators, etc.) of the Food Sanitation Act, and the provision of juvenile alcoholic beverages. On August 14, 2019, E was subject to the suspension of indictment on the charge of violating the Juvenile Protection Act at the Incheon District Prosecutors’ Office, and on October 16, 2019, issued a disposition of suspension of business for one month against the Plaintiff.

(hereinafter “instant disposition”) D.

The plaintiff filed an administrative appeal, and the Incheon Metropolitan City Administrative Appeals Commission dismissed the plaintiff's claim on November 25, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 5 (including additional numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff verified the Plaintiff’s identification card. The Plaintiff has continuously trained the Plaintiff to E to verify the identification card. 2) Even if the Defendant’s instant disposition constitutes a deviation or abuse of discretion, even if the Plaintiff did not verify the identification card of the juveniles.

(b) as shown in the attached Form of the relevant statutes;

C. 1) According to the overall purport of the statements and arguments of No. 3-2 and No. 8 of No. 3-2 and No. 8, E is recognized as having not verified identification cards while providing alcoholic beverages to four juveniles.

B. Even if the plaintiff has provided education on the verification of juvenile identification card to Pyeongtaek, food service business operators are responsible for administrative affairs due to the violation of administrative laws and regulations of employees of business establishments.

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