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(영문) 서울행정법원 2020.12.09 2020구단67837
영업정지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff is a general restaurant operator in the name of “C” on the first floor of Nowon-gu in Seoul Special Metropolitan City (hereinafter “instant business”).

B. On January 6, 2020, the Plaintiff’s employee sold 1 disease and 1 disease and 22,000 won to the instant business establishment, including one juvenile. Around 02:59, the Plaintiff’s employee was under suspicion of violating the Juvenile Protection Act by selling liquor to juveniles.

C. On February 17, 2020, Seoul Northern District Prosecutors' Office changed to the plaintiff's employees.

The prosecution was suspended on the facts against the violation of the Juvenile Protection Act stated in the paragraph. D.

On July 29, 2020, the Defendant rendered a disposition of business suspension of one month to the Plaintiff on July 29, 2020 on the ground that “the Plaintiff provided alcoholic beverages to juveniles at the instant establishment on January 6, 2020.”

A. [In the absence of a dispute over the basis of recognition, entry in Gap's 4, 5, Eul's 1 to 5, and the purport of the whole pleadings.]

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. 1) The Plaintiff asserts that the “provision” of alcoholic beverages under Article 44(2) of the Food Sanitation Act means “sale or provision without compensation” under Article 28(1) of the Juvenile Protection Act. The Plaintiff asserts that, during one’s day, adults do not constitute “sale to juveniles” or “free provision of alcoholic beverages,” and that there was no reason for the instant disposition since the juveniles did not actually drink alcohol. 2) According to the facts and evidence acknowledged or known by the aforementioned facts and evidence, according to the following facts and circumstances, it is recognized that the instant business establishment provided alcoholic beverages to juveniles.

We cannot accept this part of the Plaintiff’s assertion.

A) “Provision of alcoholic beverages to juveniles” refers to a juvenile’s act leading a juvenile to the actual condition of drinking or drinking alcohol (Supreme Court Decision 2008Do3211 Decided July 24, 2008).

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