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(영문) 부산지방법원 2019.03.27 2018구단20942
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. Upon completion of the business report on May 11, 2010, the Plaintiff has operated a general restaurant (hereinafter “instant business establishment”) with the Plaintiff’s husband C in Busan Seo-gu with the trade name “D” (hereinafter “D”).

B. On September 5, 2017, the Plaintiff or the Plaintiff’s husband, around 14:00, did not verify the identification card at the instant business establishment and provided two juveniles with beer and beer and beer and beer (hereinafter “the detection of the instant case”) and the police discovered the fact that the Plaintiff or the Plaintiff’s husband provided them to beer and beer (hereinafter “the detection of the instant case”).

In addition, the Plaintiff’s husband C argued to the same effect as in the instant case on the criminal facts that he sold alcoholic beverages without confirming identification cards to juveniles at the above time at the instant business establishment. However, the first instance court, Busan District Court, which was the Busan District Court, was convicted and sentenced to a fine of KRW 2.5 million (the Busan District Court Decision 2018Dadan688, Dec. 7, 2018), and the Plaintiff appealed and withdrawn the appeal and the said judgment became final and conclusive.

C. On January 8, 2018, the Defendant issued a disposition to suspend the business of the instant establishment for three months on the ground that the Plaintiff provided alcoholic beverages to juveniles as above.

The plaintiff is dissatisfied with this and filed an administrative appeal seeking the revocation of the above disposition with the Busan Metropolitan City Administrative Appeals Commission.

On February 27, 2018, the above committee made a ruling dismissing the plaintiff's claim, and the defendant stated the period of suspension of business from March 15, 2018 to March 2018 as the period of suspension of business from March 21, 2018 to March 2018, it seems that it is an obvious clerical error.

6. Around 18. The business suspension was again notified of three months.

(hereinafter referred to as the “instant disposition”) the implementation period of January 8, 2018 was changed by the notice of the disposition as mentioned above.

Before the instant disposition, the Plaintiff was subject to each business suspension disposition by providing liquor to juveniles around November 5, 2013 and around April 17, 2017, even before the instant disposition.

[Judgment of the court below]

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