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(영문) 수원지방법원 2020.04.03 2020구단910
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. The Plaintiff is operating a general restaurant in the name of “C” (hereinafter “instant restaurant”) in Ansan-si, Ansan-si.

B. On August 14, 2019, the chief of the Ansanan Police Station notified the Defendant of the result of administrative disposition subject to the administrative disposition, stating that “The Plaintiff, around July 6, 2019, sold alcoholic beverages (for example, 4 soldiers, and 2 soldiers) without confirming his/her identification card to three juveniles found in the restaurant of this case, and that the Plaintiff investigated the Plaintiff on suspicion of violating the Juvenile Protection Act and sent the Plaintiff to the prosecution as the prosecution’s opinion.”

C. Accordingly, on February 3, 2020, the Defendant rendered a disposition of business suspension for two months against the Plaintiff on the ground that the Plaintiff offered liquor to juveniles and violated Article 44(2)4 of the Food Sanitation Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 4 (including branch numbers if there are branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the gist of the Plaintiff’s assertion, considering the following: (a) at the time of the Plaintiff’s argument, the Plaintiff, alone, was aware of the identification card of the juveniles entering the restaurant in this case; or (b) he was aware that he was an adult to provide alcoholic beverages; (c) the Plaintiff’s income from the operation of the restaurant in this case ought to maintain the family’s livelihood; and (d) the Plaintiff’s right knee is in a situation where it is difficult for the right knee to work a day under an operation on October 2019; and (e) the instant disposition is a situation where it is difficult for the Plaintiff to do so; (b) the disposition in this case was revoked because it was excessively excessive that the disadvantage the Plaintiff would incur compared to the public interest to be achieved through the disposition in this case; and

(b) The attached Form of relevant statutes is as follows.

C. The issue of whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms is the ground for the disposition.

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