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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of disposition;
A. From September 9, 2016 to June 4, 2018, the Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name of “C” as referred to in subparagraph 102 of Article 102 of the 1st floor B located in Sinpo City B (hereinafter “C”).
On June 4, 2018, the status of business operator was transferred to D.
B. From around 02:00 on November 26, 2017 to November 26, 2017, at around 03:10 on November 26, 2017, the Plaintiff was exposed to the sales of the amount equivalent to KRW 25,900 on the instant restaurant to three (3) juvenile E, namely, 4 illness and 1 week, etc.
C. On January 3, 2018, the Defendant rendered a two-month business suspension disposition against the Plaintiff (hereinafter “instant disposition”). D.
On May 31, 2018, the plaintiff filed an administrative appeal, but the Jeonnam-do Administrative Appeals Commission dismissed the appeal.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3 evidence, Eul's 1 through 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1) In the case of this case, 7-8 persons, including the non-party, were asked to present their identification cards when he ordered the plaintiff's restaurant and drinking. The juvenile E did not provide alcoholic beverages to juveniles since police officers took control, and even if he was found to have provided alcoholic beverages, the disposition of this case was unlawful since he did not have any intention or awareness as to the fact that he was a juvenile. Thus, the disposition of this case was in violation of the disposition of this case. 2) The plaintiff's restaurant was a general restaurant as alleged above, and there was no obligation to verify identification cards since it was anticipated that he would drink from the beginning. The plaintiff was not obligated to verify identification cards. The plaintiff paid the amount equivalent to 30 million won as lease deposit, the amount of money equivalent to 120 million won for internal tery and collecting expenses, and if he did not operate the business for 2 months during the disposition of this case, it was impossible to operate the business any longer.