1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The ground that the Plaintiff was recognized as a general restaurant operator on the ground that the Plaintiff sold a galm with the expiration of the period of circulation on July 18, 2017.

8. 18. The fact that the defendant was imposed a penalty surcharge of KRW 4.65 million in lieu of the business suspension 15 days, and the plaintiff filed an administrative appeal but the same year.

9.25. The facts dismissed have no dispute.

2. Assertion and determination

A. The plaintiff's assertion that the defendant made efforts to improve food culture by packing food to the plaintiff and providing them to customers with such food, and actively promoting them by attaching them to posters. In such a case, the defendant did not consider the reduction in accordance with the administrative disposition criteria under Article 89 [Attachment 23] of the Enforcement Rule of the Food Sanitation Act, and thus, the disposition of this case constitutes abuse or deviation from discretionary authority.

In calculating the amount of penalty surcharge in lieu of business suspension, the Defendant calculated it as KRW 230,00 per day and imposed it as KRW 310,000 per day, even though it was only KRW 230,00 per month from April 26, 2017 to December 31, 2017. Thus, the instant disposition is unreasonable.

B. First of all, while the Plaintiff filed an administrative appeal, submitted materials to which the Plaintiff made an effort to improve food culture late. However, even if such fact is acknowledged, the application of the grounds for mitigation falls under the discretion of the administrative agency, and thus, it cannot be deemed unlawful on the sole basis of the fact that the grounds for mitigation exist.

Next, according to the criteria for calculation of penalty surcharges imposed in lieu of business suspension, etc. under Article 53 of the Enforcement Decree of the Food Sanitation Act, the criteria for imposition of penalty surcharges in lieu of business suspension under the Food Sanitation Act, and the amount of sales that serve as the basis for imposition of penalty surcharges shall be one year from the year preceding the year in which the date of