1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is operating a general restaurant in the name of “C” in Daejeon-gu, Daejeon-gu (hereinafter “instant restaurant”).

B. The Defendant on June 2016

1. At around 17:05, the following products stored in the freezing of the instant restaurant were discovered:

Serial 12 34 product name of 234 product from the date of production until July 14, 2015 until July 2015 (Article 12 months from the date of production from the date of July 14, 2015) by the date of 12 months from the date of production, from the date of production, by July 14, 2015 (Article 25 of the Act, April 25, 2015)

C. On June 10, 2016, the Defendant issued a disposition imposing a penalty surcharge of KRW 3,450,000 (the annual sales of the Plaintiff KRW 168,90,000) in lieu of the business suspension 15 days on the Plaintiff on the ground that the Plaintiff stored goods, the expiration of the distribution period, in freezing (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal with the Daejeon Metropolitan City Administrative Appeals Commission, but the said claim was dismissed on July 25, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 8 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the controlled products were kept for personal consumption by the Plaintiff regardless of restaurant business, the disposition of this case was erroneous in misunderstanding of facts.

B. In light of the fact that the employee’s report was controlled in the course of dismissal, that the Plaintiff is against the Plaintiff, and that the three children are raised, the instant disposition is unlawful by abusing the discretionary authority.

3. Determination of legality of the instant disposition

A. It is difficult to view that Gap evidence No. 3 on the assertion of mistake of facts alone was stored in order to consume the elapsed products for personal purposes, and rather, the purport of the whole pleadings is as follows: Eul evidence No. 2, 4, and 6 (including paper numbers).