1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasoning of the judgment of the court of first instance and the reasoning for this part of the relevant statutes are the same as that of the relevant part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that an administrative disposition due to each of the instant violations was in progress from January 10, 2018 when the Defendant first sent the Plaintiff a prior notice according to the administrative disposition. Since each of the instant violations was previously committed, the Plaintiff did not commit the second and third violations during the process of administrative disposition.

Therefore, Article 89 [Attachment Table 23] of the Enforcement Rule of the Food Sanitation Act on the ground that the defendant committed a second or third violation while taking the administrative disposition in this case and the plaintiff was in the process of the administrative disposition.

I. It is unlawful to calculate the number of days of business suspension by applying subparagraph 4 of the general standards.

B. Determination 1) Article 44(1)8 of the Food Sanitation Act provides that business operators and their employees prescribed by Presidential Decree, including food service business operators, shall observe matters prescribed by Ordinance of the Prime Minister in order to manage raw materials for their business, process of manufacturing and hygiene management, maintain order in order to maintain public health and sanitation. Article 75(1)13 of the Food Sanitation Act provides that where a business operator violates Article 44(1), the Minister of Food and Drug Safety, the Special Self-Governing City Mayor, the Special Self-Governing City Mayor, or the head of a Si/Gun/Gu may revoke business license or registration, or order the suspension of all or part of business or the closure of business for a fixed period not exceeding six months, as prescribed by Presidential Decree. Article 57 and [Attachment Table 17] Article 57 of the Enforcement Rule of the Food Sanitation Act and [Attachment 17] subparagraph 7 (l) of the