1. The plaintiff's claim is dismissed.

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

1. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “C” in Bupyeong-gu, Incheon.

On July 23, 2014, at around 00:50, the Plaintiff was discovered by the police that provided four juveniles, such as D, with a total sum of KRW 27,500,00 for three soldiers, etc. in the restaurant of this case.

On September 3, 2014, the Defendant accepted the Plaintiff’s opinion that the Plaintiff provided alcoholic beverages to juveniles as above and wish to impose penalty surcharges in lieu of business suspension, and subsequently issued a disposition of penalty surcharge of KRW 8.4 million (hereinafter “instant disposition”) instead of one month of business suspension, and subsequently issued a disposition of penalty surcharge of KRW 8.4 million (hereinafter “instant disposition”) against the Plaintiff on December 5, 2014 according to the Incheon Metropolitan City Administrative Appeals Commission’s modified ruling on December 5, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1 to 10, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. At the time of the Plaintiff’s assertion, the Plaintiff confirmed the identification card with respect to three customers first admitted to the restaurant of this case, and requested to present an identification card to three customers later, but first, the Plaintiff did not verify the identity card of the customers first admitted to the restaurant of this case and then did not verify the status card of the customers first admitted to the restaurant of this case.

In light of the circumstances leading up to such violation and the circumstances leading up to the Plaintiff’s management of the restaurant of this case, there was no violation of the same kind as the instant case, and the Plaintiff’s difficult home-type, etc., the instant disposition is unlawful because it significantly exceeds the public interest to be achieved therefrom, and thus, it is against the law by abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. In light of the following circumstances, even if the Plaintiff’s assertion is considered, public interest needs to be achieved through the instant disposition will be borne by the Plaintiff.