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(영문) 수원지방법원 2017.01.20 2016구단8610
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. From October 24, 2005, the Plaintiff operated a general restaurant in the name of “C” in Suwon-si, Suwon-si. From July 11, 2015, the Defendant issued two-month business suspension against the Plaintiff on the ground that the Plaintiff provided the amount equivalent to KRW 96,00,00,00 for the small 8 branches of rice week 8 weeks, 4 diseases, etc. without verifying the identification card to 8 juveniles on July 11, 2015.

B. On August 17, 2016, the Gyeonggi-do Administrative Appeals Commission filed an administrative appeal, and rendered a ruling to reduce the suspension of business by one month as a disposition of suspension of business on the ground that the disposition of suspension of business against the Plaintiff was excessive.

C. In accordance with the above judgment, the Defendant changed the disposition of business suspension for two months against the Plaintiff on September 8, 2016 to the disposition of business suspension for one month.

[Ground of recognition] Evidence No. 2-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was found at the time that the instant juvenile was sexually sexually sexually sexually, and the Plaintiff’s identification card was confirmed against the ordinary juveniles, but on the same day, the Plaintiff was unable to inspect the identification card on the trial decision, and the juveniles were not aware of the Plaintiff’s failure to do so. If the Plaintiff’s business was suspended due to the instant disposition, the Plaintiff’s instant disposition was deemed to be unlawful by abusing its discretionary power due to excessively harshly harshly excessive disposition, and thus, the Plaintiff’s family’s livelihood is threatened.

B. In other words, the following circumstances acknowledged by the purport of the statement of No. 6 and the entire pleadings, namely, that the Plaintiff did not inspect identification cards for the instant juveniles, and the instant juveniles did so, such as alcohol and noise while taking a meal order, and the Plaintiff and the employees did so.

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