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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. On November 17, 2010, the Plaintiff is operating a general restaurant (hereinafter “instant general restaurant”) with the trade name “C” from Daegu Suwon-gu, Daegu-gu.
B. On July 8, 2015, the Defendant issued the instant disposition against the Plaintiff on the ground that the instant disposition was conducted for two months of business suspension (from July 22, 2015 to September 19, 2015) pursuant to Articles 44 and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the ground that the instant disposition was conducted against four juveniles, including D (17 years of age) (hereinafter “instant juvenile”).
C. The Plaintiff filed an administrative appeal against the instant disposition, and the enforcement of the said disposition was suspended. However, as the said appeal was dismissed on August 24, 2015, the period of business suspension of the said disposition was re-designated from September 24, 2015 to November 22, 2015.
Before the instant disposition, the Plaintiff was subject to a disposition of business suspension for one month on September 3, 2013.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3 (including paper numbers), Eul 1 through 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The instant juveniles believe that the said juveniles are adults, as a matter of course, in relation to the relationship between E (194), who is an employee, and provided alcohol without verifying their identification cards. At the same time, the said juveniles appear to be adults. Therefore, the instant disposition is unlawful. 2) The Plaintiff is deemed to have committed an act of violation of the instant case, and thus, the instant disposition is unlawful. 2) The Plaintiff provided the instant juveniles with alcoholic beverages and alcoholic beverages, which led to a family’s livelihood difficult while operating the instant business by granting a large amount of loans, and the business of the said businesses is long-term.