1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is operating a general restaurant (hereinafter “instant business”) with the trade name “E” in the Seo-gu Incheon Metropolitan City building B, C, and D.

B. At around 00:00 on March 16, 2019, the Plaintiff was found to have provided alcoholic beverages to 5 juveniles at the instant establishment by police.

(hereinafter “instant alcoholic beverages”). C.

On August 23, 2019, the Defendant notified the Plaintiff of the above detection by the Incheon Western Police Station, and applied Articles 44 and 75 of the Food Sanitation Act to the Plaintiff on the ground of the provision of juvenile alcoholic beverages (the first vehicle), and issued two months of business suspension.

Accordingly, the Plaintiff filed an administrative appeal on August 27, 2019, and the Incheon Metropolitan City Administrative Appeals Commission accepted the Plaintiff’s preliminary claim on October 28, 2019, and rendered a ruling that “the Defendant changed the disposition of business suspension to one month that the Plaintiff rendered on August 23, 2019, and imposed a penalty surcharge.”

E. On November 12, 2019, the Defendant imposed a penalty surcharge of KRW 26,400,000 on the Plaintiff in lieu of one month of business suspension in accordance with the above judgment.

(2) Where an administrative agency imposed a penalty surcharge on August 23, 2019, which changed by the imposition of a penalty surcharge (hereinafter referred to as “the first disposition”), issued an administrative disposition on a business operator pursuant to the Food Sanitation Act and subordinate statutes, and then issued an administrative disposition on a business operator to change the disposition in favor of the business operator (hereinafter referred to as “the first

(2) In light of the above legal principles, the lower court’s determination on the ground that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal pointing out that the Plaintiff’s ground of appeal