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1. The instant lawsuit shall be 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 in the trade name of “C” (hereinafter “instant business”).
B. On June 11, 2014, the Defendant issued a disposition of business suspension of one month (from July 2, 2014 to July 31, 2014) against the Plaintiff on the ground that the Defendant offered alcoholic beverages to juveniles around 23:00 on April 18, 2014.
In the prosecutor’s office on May 19, 2014, Nonparty D (the party who provided alcoholic beverages to juvenile E at the instant establishment) ordered a disposition of non-prosecution of the suspension of indictment, the period of suspension of business is determined to be one month reduced from two months to one half on the written notification of the administrative disposition, and the period of suspension of business is determined to be one month reduced from one half (hereinafter “instant disposition”). The instant disposition is partially implemented as follows, and some changes are made due to the substitution of administrative appeal and penalty surcharge, and there is only a disposition of imposition of penalty surcharge of KRW 2,80,000 at the present.
The Plaintiff dissatisfied with the above disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission. On September 4, 2014, the Plaintiff rendered a partial revocation ruling that changed the disposition of business suspension for the said 1 month to the disposition of business suspension for 20 days. Meanwhile, on the other hand, the Plaintiff directly received the original written ruling on September 18, 2014.
Before July 11, 2014, the Plaintiff had already fulfilled the business suspension of 10 days from July 2, 2014 to July 11, 2014.
E. On October 7, 2014, the Plaintiff submitted an opinion to the Defendant to the effect that “The remaining ten days of the suspension of business due to the failure to pay a penalty surcharge shall be replaced by the penalty surcharge.” Accordingly, on October 14, 2014, the Defendant changed a disposition to impose a penalty surcharge of KRW 2,80,000 (=2,800,0000 per day x 10 days) in lieu of the ten days of the suspension of business.
F. On December 19, 2014, the Plaintiff filed the instant lawsuit.
[Ground of recognition] Unsatisfy, W. Each entry of evidence Nos. 1 to 10, and the whole purport of the pleading.