The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On November 21, 2019, the Plaintiff reported food entertainment business (general restaurant) to the Defendant, and operates a restaurant under the name of “C (hereinafter “C”)” in Daegu B.

B. A public official affiliated with the defendant visited the restaurant of this case on August 28, 2020 to conduct an inspection, and the plaintiff discovered that the following products, the distribution deadline of which was over, were being stored in the cooling house in the kitchen.

(1) A distribution deadline: 2 until July 6, 2020.

C. On September 21, 2020, the Defendant issued a 15-day disposition of business suspension pursuant to Articles 44 and 75(1) of the Food Sanitation Act (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Defendant stored transitional products for the purpose of cooking and selling them.”

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 5, Eul evidence Nos. 8 and 9, video, the purport of the whole pleadings

2. Whether the instant disposition is lawful or not, the Plaintiff asserted that the instant disposition was lawful, and the Plaintiff was temporarily kept in the air conditioners without any sale purpose. The Plaintiff was also temporarily kept in the air conditioners for the purpose of disposing of the loss. As such, the instant disposition was unlawful on the grounds that there were no grounds for the disposition.

The instant disposition is an illegal disposition that deviates from or abused discretion due to excessive suspicion to the Plaintiff, considering the fact that it is difficult to conduct the instant business at Corro or 19 at present.

(b) as shown in the attached Form of the relevant statutes;

(c)

Judgment

1) According to the following circumstances, as to the allegation that there was no ground for disposition, the Plaintiff was prepared and sold in light of the aforementioned facts and the purport of the entire pleadings.