1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From October 8, 2016, the Plaintiff was found to have sold 1 soldier’s disease and 4 soldier’s disease to three students of the second-year high school of 18 years of age at around May 22, 2018 while running general restaurants C in Bupyeong-si B, and received a summary order of KRW 500,000 due to the violation of the Juvenile Protection Act on August 8, 2018.

B. On September 6, 2018, the Defendant issued a two-month business suspension disposition against the Plaintiff (from September 21, 2018 to November 19, 2018), and the Plaintiff filed an administrative appeal and rendered a ruling on November 19, 2018 to the effect that “the two-month business suspension period is changed to 40 days of business suspension on the ground that the Plaintiff has no violation of any statute after the opening of the business and that the amount of the fine is minor and the only means of living is anticipated to have difficulty in livelihood.” Accordingly, the Defendant again issued a 40-day business suspension disposition against the Plaintiff on December 13, 2018 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s alleged employee demanded the submission of identification cards to the juveniles, but has been on the house, and instead, demanded the Plaintiff’s employees to enter their domicile and resident numbers in the domain and provide alcoholic beverages after confirming their adultity, and has been thoroughly obligated to verify the identity of the juveniles so that alcoholic beverages are not provided, and the Plaintiff’s disposition of this case is unlawful since it deviates from or abused the discretionary authority, considering the fact that it has been difficult for them to receive a loan of KRW 10 million operating funds from the Korea Inclusive Finance Corporation.

B. The issue of whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power is public interest by objectively examining the content of the offense constituting the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto.