logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.04.19 2018누68836
영업정지 갈음 과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as follows, and the judgment of the court of first instance specifically emphasized by the Plaintiff as the grounds for appeal is identical to the reasoning of the judgment of the court of first instance, except for the addition under paragraph (2) after adding the judgment of the court of first instance as the grounds for appeal. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

Nos. 4, 13, and 14 of the judgment of the court of first instance (hereinafter referred to as “Is even if the Plaintiff did not assert the above circumstances in the hearing procedures in which the instant disposition was enforced before the enforcement of the instant disposition).”

The following shall be added to the fourth 13th sentence of the first instance court."

Article 44(2)4 of the Enforcement Rule of the Food Sanitation Act [Attachment Table 23] 15(j) provides that “Where a food service business operator who provides alcoholic beverages to juveniles in violation of Article 44(2)4 of the Act was not aware of the fact or was unable to verify the fact due to forgery, alteration, or misappropriation of his/her identification card, and received a non-prosecution disposition or a judgment of suspended sentence due to assault or intimidation, the disposition may be mitigated within 9/10 of the period of the disposition of suspended sentence within the scope of not more than 9/10 of the period of the disposition of suspended sentence.” Thus, in the instant case, unless there is no evidence to prove that the juvenile, such as E, was merely forged, altered, or stolen in creating a tension, or that there was any circumstance not confirmed that he/she was a juvenile due to assault or intimidation, the provisions of [Attachment Table 23] 15(j) of the above Enforcement Rule shall not be deemed to be applicable.”

“B On the other hand, the Enforcement Rule of the Food Sanitation Act [Attachment 23 subparagraph 15 (f)] shall be subject to the suspension of indictment from the prosecutor or from the court with respect to the relevant violation.

arrow