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(영문) 대구지방법원 2019.08.14 2019구단10622
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. The Plaintiff operated the “Cstore” located in Daegu Northern-gu, Daegu (hereinafter “instant convenience store”) and sold tobacco after being designated as a tobacco retailer by the Defendant on December 16, 201.

B. On January 10, 2019, a public prosecutor of the Daegu District Public Prosecutor’s Office sold tobacco to the Plaintiff to D (the age of 18) who is a juvenile, at around December 21, 2018, on or around December 21, 2018, the Plaintiff was deemed to have violated the Juvenile Protection Act, but suspended indictment in consideration of the fact that the Plaintiff had no record of punishment.

C. On February 18, 2019, the Defendant issued a disposition of suspension of business for one month (hereinafter “the first disposition”) to the Plaintiff based on Article 17(2)7 of the Tobacco Business Act.

On March 25, 2019, the Daegu Metropolitan City Administrative Appeals Commission made an adjudication to change the initial disposition to a disposition of business suspension for 15 days.

(A) The disposition that has been reduced by a ruling (hereinafter referred to as the "disposition in this case"). [Ground for recognition] does not dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 6 (including the provisional number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff operated the convenience store of this case has no alcoholic beverages and tobacco sales to juveniles, no criminal punishment or administrative disposition has been imposed, and the plaintiff has conducted a thorough identification examination more thoroughly than other convenience points that employ part-time students while operating the convenience store of this case, and the plaintiff has done his best to avoid violating relevant laws and regulations, such as establishing a forged identification card with a separate expense, etc. A youth D has purchased tobacco with another person's identification card at the time of 20 days as an adult, and the profits earned by the plaintiff from selling tobacco are merely 250 won. Thus, the plaintiff intentionally committed a violation for this purpose.

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