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(영문) 인천지방법원 2017.11.28 2017구단51140
과징금부과처분취소 청구
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. From January 2012, the Plaintiff is operating a general restaurant with the trade name “Seoul Dong-gu B building and “C” in subparagraph 103 (hereinafter “instant business”).

B. Around May 5, 2017, around 20:18, D, an employee of the Plaintiff, was controlled by the police on the ground that the instant establishment offered alcoholic beverages to two juveniles.

(hereinafter, as seen above, the act of providing liquor to juveniles is deemed to constitute a violation of this case.

On July 18, 2017, the above D was subject to the disposition of suspension of indictment for the instant violation under the Incheon District Prosecutors' Office’ Office’ Punishment No. 5712 in 2017. On July 24, 2017, the Plaintiff requested the Defendant to change the business suspension to a penalty surcharge.

On July 25, 2017, the Defendant accepted the Plaintiff’s above request and imposed a penalty surcharge of KRW 19,800,000 in lieu of one month of business suspension (hereinafter “instant disposition”) on the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 9 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the following circumstances: (a) three out of five (5) members of the Plaintiff’s argument, the Plaintiff’s three identification cards were examined and confirmed as adult, and (b) the remaining two juveniles were requested to present an identification card; (c) however, they were lost and applied for re-issuance; and (d) the rest of all the remaining behaviors were mistaken for adults by deeming them as one’s own friendship; (d) the prosecution was ordered to suspend indictment on the grounds that the above circumstances were taken into account; (e) there was no record of being subject to an administrative disposition due to the provision of alcohol to juveniles since the Plaintiff operated the instant establishment; (e) the instant establishment is a restaurant that mainly provides meals, and (e) whether they are ordinary juveniles, the instant disposition is unlawful disposition that excessively harsh to the Plaintiff and abused discretion.

(b) annex relevant laws and regulations;

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