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대구지방법원 2016.12.09 2016구단11273
영업정지처분취소
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. An entertainment drinking club under the name of “C” in Daegu-gu B is running business under the Plaintiff’s name from around 2002 to around September 11, 2012.

B. On June 9, 2016, the Defendant was notified by the chief of the police station of the Grand Organizational Police station of the fact that “D, his/her father, around May 26, 2016, sold alcohol to juveniles” (hereinafter “instant violation”) was in violation of the Food Sanitation Act and the Juvenile Protection Act.

C. Accordingly, on June 29, 2016, the Defendant rendered the instant disposition of suspension of business for two months pursuant to Article 44(2) and Article 75 of the Food Sanitation Act, and Article 89 [Attachment Table 23] [Attachment Table 23] of the Enforcement Rule of the same Act (amended by Act No. 11690, Aug. 2, 2016) [Attachment Table 23] of the criteria for administrative disposition No. 11(d) of the 3 food entertainment business.

The plaintiff appealed against the above disposition and filed an administrative appeal, but was dismissed on August 29, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry in the evidence Nos. 1, 2, 7, and 8, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion (1) attached a mark stating "business establishment that is less than 19 years of age" to be kept well in the entrance of C so that it can be seen in large characters, and as such, D has made efforts to prevent juveniles from entering and selling alcoholic beverages, such as making them frequently appropriate from time to time to time to time as a juvenile (a minor) sells alcohol to him/her. (2) At the time, D having complied with C was not considered to be a juvenile at all. ③ The case appears to be a case in which three persons, including E, are planned to do so for the purpose of an indeption, and ④ the plaintiff operated C for about four years until now.

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