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(영문) 대구지방법원 2017.11.24 2017구단1211
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 is operating a general restaurant in the trade name of “C” from April 18, 2016 to Daegu Northern-gu B.

B. On April 15, 2017, the Defendant rendered a two-month disposition of business suspension against the Plaintiff on June 7, 2017 pursuant to Articles 75 and 44(2) of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act, on the ground that the Plaintiff provided two juveniles with a single beer and one beer, etc., and an amount equivalent to KRW 8,000.

C. On the other hand, the Plaintiff filed an administrative appeal, and the Daegu Metropolitan City Administrative Appeals Commission rendered a ruling to suspend the business against the Plaintiff for the two-month period of business suspension against the Plaintiff, and the Defendant changed the instant disposition against the Plaintiff on August 21, 2017 by one-month period of business suspension.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The instant disposition was unlawful since the Plaintiff’s juveniles, who had previously shown the Plaintiff’s book lending certificate to the Plaintiff and were adults, but did not re-verification the Plaintiff’s identification card on the date of crackdown, as they were aware of adults, and thus, the instant disposition was unlawful. 2) The circumstances surrounding this case’s deviation from and abuse of discretionary power, which would have been taken into account as the circumstances were to be considered, and where the restaurant was opened with enormous funds and the restaurant was suspended, the repayment of loans and the family’s livelihood is difficult. In light of the aforementioned circumstances, given that the Plaintiff’s disadvantage incurred to the Plaintiff due to the instant disposition, the instant disposition was an abuse of discretionary power, and thus, it was unlawful.

B. 1) Determination of the absence of grounds for disposition should be based on the determination of the absence of grounds for disposition. Sanctions against violation of administrative laws are administrative laws and regulations to achieve administrative purposes.

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