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(영문) 부산지방법원 2018.11.21 2017구단20709
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. On April 6, 2016, the Plaintiff operated the above restaurant after completing a report on the succession to the status of the business operator to the general restaurant B located in the Dong-gu Busan Metropolitan City (hereinafter “C”) to the Defendant.

B. On June 21, 2017, the Defendant rendered a disposition of business suspension (three months) by applying Article 75(1)13 and Article 44(2)4 of the Food Sanitation Act to the Plaintiff on the ground that D’s employees (the Plaintiff’s mother is the Plaintiff’s mother, and the Plaintiff appears to be the actual business owner of the said business) provided the instant restaurant to 6 juveniles, including E (15 years of age and female), etc. at around 20:0 on February 26, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 3, Eul evidence 1

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion D confirmed the identification card when entering the instant restaurant by E, etc., and E, etc. did not drink while ordering an implied bath, etc., but D d d d d d d d d d d d d d d d d d d d d d d d d d d d d sc

Therefore, D is deemed to have recognized that it was not a juvenile of E, etc. and that it was not a juvenile of E, etc. through identification card verification, and thus, the instant disposition was unlawful on the ground that it was based on an erroneous fact.

B. The following facts are acknowledged in full view of Gap evidence Nos. 5 and Eul evidence Nos. 2 and the purport of the whole pleadings. According to the above facts, since Eul, an employee of the plaintiff, did not verify the identification card of Eul, etc., and provided alcoholic beverages to E, etc., the plaintiff's assertion on the premise that there is no reason for disposition is without merit.

① On February 26, 2017, E (15, inn), F (16, inn), G (16), H (16), I (15, inn) and J (16) entered the instant restaurant, and D did not verify the identification card.

(2) "Abstinence, E, etc. to a police officer immediately after enforcement of D.

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