logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.01.26 2017구단9443
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 a food service business operator operating a mutual general restaurant in the name of “C” on the second and second floor of Elified City.

around 04:30 on July 15, 2017, D, an employee of the Plaintiff, sold juvenile E (16 years of age, 7 years of age, 16 years of age, and 3 diseases in the above restaurant.

As a result, D was prosecuted for violating the Juvenile Protection Act, and a summary order of 50,000 won was finally decided.

Article 75(1)13, (5), and Article 44(2)4 of the Food Sanitation Act, and attached Table 23 of the Enforcement Rule of the same Act, the defendant ordered the plaintiff to suspend business for two months on September 4, 2017 through lawful procedures.

Applicant filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the appeal on November 10, 2017.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 12, Eul evidence 1 through 11, the purport of the whole pleadings

2. Under Article 44(2)4, Article 75(1)13, and (5) of the Food Sanitation Act, Article 75(1)13, and Article 2 subparag. 1 of the Juvenile Protection Act, a food service business operator shall not provide alcoholic beverages to juveniles (referring to juveniles under the age of 19: Provided, That this shall not apply to persons who are under the age of 19: Provided, That this shall not apply to persons who are under the age of 19): (2)4 of the Food Sanitation Act; and (2) of the Food Sanitation Act, a business license may be revoked in accordance with the standards set forth in the Enforcement Rule of the Food Sanitation Act; or a business suspension may be ordered in whole or in part for a fixed period

Accordingly, in the attached Table 23 of Article 89 of the Enforcement Rule of the Food Sanitation Act, the period of business suspension shall be set as the administrative disposition standard in the case of the first violation, and ① the degree of the violation is minor or minor due to minor negligence among the matters of violation.

arrow