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(영문) 인천지방법원 2015.04.28 2014구단10643
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) in the name of “C” in Seo-gu Incheon Metropolitan City.

On June 6, 2014, at around 22:30, the plaintiff was discovered by police that the plaintiff provided three soldiers to juveniles in the restaurant of this case without confirming their age to D (E).

On November 25, 2014, the Defendant rendered a disposition to suspend the business of the instant restaurant for three months (from December 11, 2014 to March 10, 2015) on the ground that the Plaintiff offered alcoholic beverages to juveniles (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1 through 3, Eul 7, and 10 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of regulating the Plaintiff’s assertion, the Plaintiff and the employee F demanded to present an identification card to enter the instant restaurant including D, a juvenile, and two remaining persons, other than D, presented an identification card to verify that they are adults.

In addition, since D confirms the resident registration certificates presented by D, photographs and features of D are very similar to D's external features, D is also aware that they are adults, and they provide alcoholic beverages to them.

In light of the fact that all the two adults, excluding the above-mentioned violation circumstances and D, the instant disposition is deemed unlawful because it considerably exceeds the public interest to be achieved thereby, and thus, it is unlawful by abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. In light of the following circumstances, even considering the various circumstances alleged by the Plaintiff, public interest needs to be achieved through the instant disposition are not less than those to be suffered by the Plaintiff due to such need.

1 The provision of alcoholic beverages to juveniles is likely to cause juvenile crimes as well as the concern that juvenile health may be infringed.

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