1. The plaintiff's claim is dismissed.

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

1. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “C” in the Nam-gu Incheon Metropolitan City B(2).

On February 16, 2015, at around 22:40, the Plaintiff was found to have been aware of the age of 32,00 won by the police without confirming the age of 3 of the instant restaurant, including D, a juvenile.

On March 18, 2015, the Defendant issued a disposition to suspend the business of the instant restaurant for two months (hereinafter referred to as “instant disposition”) on the ground that the Defendant offered alcoholic beverages to the Plaintiff, as seen above, on the ground that he/she had offered alcoholic beverages to juveniles, and thereafter, issued a disposition to suspend the restaurant business of this case for one month (from March 30, 2015 to May 28, 2015) (from May 22, 2015 to June 20, 2015).

[Ground of recognition] Facts without dispute, Gap 1 through 4, Eul 1 through 8, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the fact that three customers who found the restaurant of this case prior to the occurrence of the Plaintiff’s assertion, including three customers, who had been issued an order as usual, provided alcoholic beverages, but were discovered in the police enforcement, and that the Plaintiff is operating the restaurant of this case by thoroughly checking the identification card in the future, etc., the instant disposition is unlawful since the disadvantage to the Plaintiff is considerably high compared to the public interest to be achieved by the disposition of this case, and thus, it is unlawful by abusing its discretionary power.

(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 offer of alcoholic beverages to juveniles is not only likely to infringe on the health of juveniles, but also likely to cause juvenile crimes, and thus, the degree of violation of laws and regulations is not easy.