1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name of “C” in Busan-gu, Busan-gu.

B. On January 20, 2017, around 20:30, the restaurant of this case was discovered in the police while providing alcoholic beverages to juveniles. Accordingly, on March 9, 2017, the Defendant rendered a disposition of business suspension for two months pursuant to Articles 75 and 44(2) of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the ground that the Plaintiff provided alcoholic beverages to juveniles.

(hereinafter referred to as “the first disposition”). (c)

On April 25, 2017, the Busan Metropolitan City Administrative Appeals Commission filed an administrative appeal, and the Busan Metropolitan City Administrative Appeals Commission rendered a ruling to reduce the initial disposition by one month of the suspension of business.

(hereinafter referred to as “instant disposition”, which was reduced on March 9, 2017 by an administrative appeal ruling to suspend business operations for a month (hereinafter referred to as “the instant disposition”). [Grounds for recognition] there is no dispute, entry of Gap’s 1 through 5, Eul’s 1 through 7 (including additional numbers, if any) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The purport of the Plaintiff’s assertion was that the Plaintiff’s parents operating the restaurant in this case had thoroughly verified the identity of ordinary customers. However, considering the fact that, at the time, four customers visiting the restaurant in this case were the majority among the four visitors, the rest of three customers were not only mature, but also have been able to present their identification cards, and all of them were believed to be a friendly tool and provided them with alcoholic beverages, the Plaintiff did not have the same kind of violation power, and the disposition in this case was suspended, the instant disposition was unlawful as a deviation from and abuse of discretionary power, in view of the following: (a) the instant restaurant in this case was in an atmosphere; and (b) the Plaintiff’s business was suspended due to the instant disposition, and (c) the family’s livelihood was threatened.

B. The scope of discretionary power is determined by social norms.