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(영문) 인천지방법원 2019.06.11 2018구단51208
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 “D” in the Seo-gu Incheon Metropolitan Government B and C.

B. At around 22:00 on August 25, 2018, the Plaintiff’s husband E sold a liquor of one disease to juvenile F (the age of 18) without verifying the identification card in the above restaurant (hereinafter “instant violation”).

C. On September 19, 2018, E was ordered to suspend indictment on the violation of the Juvenile Protection Act against the act of violating the Incheon Regional Prosecutorial Prosecutor Act.

The defendant notified "two-month prior notice of the suspension of business", and submitted a written opinion that contains the result of the suspension of indictment from the plaintiff, and on October 16, 2018, against the plaintiff, Articles 44 (2) 4 and 75 of the Food Sanitation Act, Article 89 [Attachment 23] of the Enforcement Rule of the Food Sanitation Act

I. In applying subparagraph 15 (f) of the General Standard, a disposition of “business suspension for one month” was taken (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion that the absence of the grounds for disposition or the absence of justifiable grounds, or the Plaintiff’s employees G and H had visited the above restaurant two times on May 2018, verified that the number of each resident registration certificate exceeds 19 years of age. The F is a use of a forged or altered identification card. Since F was unaware of the fact at the time of the instant violation, E cannot be held legally responsible for the Plaintiff since F was unaware of the fact at the time of the instant violation. (2) In a case where a juvenile who was erroneous in the application of the disposition-based statute, or a juvenile who abused discretionary power, provided alcoholic beverages without knowledge of the fact that he was a juvenile, the disposition may be mitigated within 9/10 of the Enforcement Rule of the Food Sanitation Act [Attachment 23] Article 89 [Attachment 23] of the Enforcement Rule of the Food Sanitation Act, which is a basis

I. Although subparagraph 15 (j) of the General Standards may be applied, they may be applied.

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