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(영문) 서울행정법원 2015.05.15 2014구단59262
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 a person who operates a general restaurant (hereinafter “instant restaurant”) in the name of “C” in Seoul Special Metropolitan City, Nowon-gu.

B. Around 05:00 on April 26, 2014, D, an employee of the instant restaurant, was discovered by the police without verifying the identification card to the juvenile E (F) and G (H) in the instant restaurant.

C. On September 2, 2014, the Defendant issued a disposition to suspend the instant restaurant business for two months (from October 6, 2014 to December 4, 2014) on the ground that the Defendant provided the Plaintiff with alcoholic beverages to juveniles, but subsequently, issued a disposition to suspend the restaurant business for one month (hereinafter “instant disposition”) on December 10, 2014 according to the Seoul Special Metropolitan City Administrative Appeals Commission’s modified ruling.

[Reasons for Recognition] Each entry or video of Gap evidence 1 to 5, Eul evidence 1, 5 to 7 (including the number of branches), and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion, E, and G, which are juveniles of the appearance, provide the body and uniforms such as adults, without recognizing that they are juveniles, and requiring them to produce identification cards, D, an employee of the instant disposition, is an abuse of discretionary power, on the grounds that: (a) the son provided to juveniles is merely one disease; and (b) the son’s actual youth is less than this; (c) the Plaintiff operated the restaurant in the instant case; (d) there was no violation of the same kind of offense in the instant case; and (e) if the Plaintiff would be subject to business suspension, it would affect the Plaintiff’s livelihood and eight employees; and (e) it is difficult to resume normal business due to the Plaintiff’s loss of a single aggregate customer, the instant disposition is a harsh sanction that is difficult to cope with one month of business suspension; and (e) the instant disposition is an abuse of discretionary power.

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

c. (i) sanctions for determination;

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