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 a person who operates a mutual general restaurant (hereinafter “instant restaurant”) in Yongsan-gu Seoul Metropolitan Government.

B. On November 11, 2013, the Defendant was requested by the head of the Seoul Yongsan Police Station to take an administrative disposition, and on December 27, 2013, the Defendant issued a disposition to impose a penalty surcharge of KRW 30 million in lieu of a business suspension period of 1 month on the Plaintiff for the reason that “the Plaintiff installed a dance hall on the restaurant of this case, which is a place of business other than an entertainment drinking house, for the purpose of enabling customers to enjoy dancing (the second violation)” (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 4 (including virtual number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (i.e., the instant restaurant run the business without installing a stage facility or dance hall, etc.; however, some customers were forced to dance voluntarily. Thus, the instant disposition is unlawful.

Dol the Plaintiff’s disposition, which calculated the penalty surcharge on the basis of the sales amount of the previous year, is illegal because it was difficult for the supplier to pay the wages of his employees and to properly settle the prices of the supplier.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (1) Article 36(1)3 of the Food Sanitation Act provides that a person who intends to engage in food service business shall be equipped with facilities meeting the facility standards for each type of business pursuant to Article 36(1)3 of the same Act, and Article 21 subparag. 8 of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 25052, Dec. 30, 2013) shall be divided into general restaurant business, entertainment bar business, etc., and general restaurant business is “business of cooking and selling food and drinking accompanied with meals,” and entertainment bar business is “principal liquor.”