The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On November 17, 2015, the Plaintiff completed a general restaurant business report (hereinafter “instant restaurant”) with the trade name “C” in Nam-gu Busan (hereinafter “C”), and operated the said restaurant from around that time.

B. On October 7, 2020, the Busan Southern Police Station notified the Defendant of the detection of any violation of laws and regulations that “the Plaintiff sold alcoholic beverages to juveniles in the restaurant of this case around October 21, 2020 at around October 3, 2020.”

(c)

On October 27, 2020, the Defendant issued a disposition of suspension of business for two months against the Plaintiff on the ground that the Plaintiff violated Article 75 of the Food Sanitation Act on the prohibition of providing juvenile alcoholic beverages (hereinafter “instant violation”).

(d)

On November 29, 2020, the Plaintiff filed an administrative appeal with the Busan Metropolitan City Administrative Adjudication Committee against the disposition of suspension of business for the above two months. On December 22, 2020, the Plaintiff received a ruling on December 22, 2020 that “the disposition of suspension of business for two months against the applicant on October 27, 2020 shall be changed to one month of suspension of business,” and the Defendant issued a disposition to change the above disposition of suspension of business to one month against the Plaintiff on December 29, 2020 (hereinafter “instant disposition”).

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence Nos. 5, 6-1, 6-2, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was confirmed by presenting student identification cards stored in the cell phone from juveniles who visited the restaurant of this case at the time of the instant violation. This constitutes a case where juveniles presented forged identification cards.

The degree of the instant violation is minor or minor negligence without intention, and the instant restaurant has been operated without any illegality since the business report on November 17, 2015.

Nevertheless, the disposition of this case, which requires the suspension of business for one month, is excessive compared to the violation of this case.