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(영문) 대구지방법원 2019.07.05 2019구단564
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 June 5, 2006, the Plaintiff operates a general restaurant with the trade name of “C” (hereinafter “instant business”).

B. On November 19, 2018, the Plaintiff was subject to a disposition of suspending prosecution on the violation of the Juvenile Protection Act, which stated, “In the instant business establishment around October 28, 2018, the Plaintiff provided alcoholic beverages to four juveniles, including juveniles D (16 years of age) and E (16 years of age)” at the Seo-gu District Prosecutors’ Office in Daegu District Office.

C. On December 3, 2018, the Defendant: (a) applied Articles 44(2) and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the ground of the provision of juvenile alcoholic beverages to the Plaintiff; (b) issued a disposition of business suspension for one month (hereinafter “the first disposition”).

The plaintiff filed an administrative appeal against the original disposition, and on January 28, 2019, the Daegu Metropolitan City Administrative Appeals Commission made an adjudication that changed the original disposition by 20 days of business suspension.

(hereinafter referred to as “instant disposition”), which was reduced on December 3, 2018 by the said administrative appeal ruling as of December 2018, 2018 (hereinafter referred to as the “instant disposition”). [Grounds for recognition] of no dispute, entry of Gap’s 1 through 4, Eul’s 1, 2, 7, 8, and 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On the day of the Plaintiff’s assertion, five adults joined the school, and at the time, they did not confirm whether they had access to the school, and do not intentionally violate relevant Acts and subordinate statutes due to their relations with which they had a lot of customers rather than ordinary people, and they did not intentionally violate relevant Acts and subordinate statutes. The above juveniles’ behavior was not easy to distinguish whether they have a minor as they suffered physical uniforms, the Plaintiff faithfully performed volunteer activities in the ordinary area, and the suspension of business due to the instant disposition, the Plaintiff is economically difficult for the Plaintiff to economic difficulty, the Plaintiff suspended indictment on the violation of the Juvenile Protection Act, and the Plaintiff was ordered to suspend indictment.

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