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(영문) 인천지방법원 2020.11.13 2020구단51430
일반음식점 과징금 부과처분취소 청구의 소
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 (hereinafter “instant restaurant”) with the trade name “C” on the building B and the first floor of the Nam-gu Incheon Metropolitan City.

B. Around December 26, 2019, D, an employee of the Plaintiff, was discovered on the ground that the instant restaurant sold alcoholic beverages to two juveniles.

D was suspected of violating the Juvenile Protection Act on April 23, 2020, and the prosecution confirmed the identification card on part of the customers at the time, but the juvenile did not believe and confirm it while presenting another person's resident registration certificate and did not confirm it.

C. On May 26, 2020, the Defendant notified the Incheon Southern Police Station of the discovery, and issued a penalty surcharge of KRW 19,800,000 in lieu of one month of business suspension to the Plaintiff following the prior notification procedure. D.

Accordingly, the plaintiff filed an administrative appeal, and on September 21, 2020, Incheon Metropolitan City Administrative Appeals Commission rendered a ruling to partially accept the plaintiff's claim (in lieu of 15 days).

Accordingly, the Defendant reflected the above ruling and notified the Plaintiff of the imposition of penalty surcharge of KRW 9,900,000.

(hereinafter referred to as “instant disposition” in the disposition of May 26, 2020, which was reduced to KRW 9,900,000, which was reduced to KRW 9,000 (hereinafter referred to as “instant disposition”). [Grounds for recognition]] The fact that there is no dispute, Gap’s entries (including additional numbers), Gap’s evidence Nos. 1 through 4, 9, 10, 11, Eul’s evidence Nos. 1 through 5

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he had sufficiently managed and supervised the employees to prevent the Plaintiff from selling alcoholic beverages to juveniles.

The plaintiff posted a boiler that does not sell alcoholic beverages to juveniles at the entrance, etc. of the business establishment, and provided four CCTVs to educate employees to verify their identification cards.

D has requested customers to present identification cards as they had received education at the time, but only one juvenile has abused other's identification cards.

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