1. The Defendant’s disposition of business suspension against the Plaintiff on October 27, 2014 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On October 27, 2014, the Defendant rendered a disposition of business suspension for two months (hereinafter “the first disposition”) pursuant to Articles 44(2)4 and 75(1)13 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the ground that the Plaintiff provided alcoholic beverages to juveniles at a general restaurant of “C” located in Geum-gu, Busan (hereinafter “instant business”).

B. The Plaintiff filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission on the initial disposition. On December 16, 2014, the Busan Metropolitan City Administrative Appeals Commission rendered an adjudication that the initial disposition against the Plaintiff was changed to the disposition of business suspension 40 days, and on January 6, 2015, the Defendant rendered a disposition of business suspension for the same reason as the initial disposition against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2, Eul evidence 2, 6, 8, and 10, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) The Defendant in violation of the procedure did not send notice of the instant disposition to the Plaintiff as of the day immediately before the commencement date of the business suspension period. The Plaintiff notified the Plaintiff of the disposition to the Plaintiff on November 11, 2014, which was late before the commencement date of the business suspension period, and the Plaintiff directly delivered the document of the administrative disposition to the Defendant administrative agency on November 11, 2014, which was the commencement date of the business suspension period. This is unlawful as it excluded the Plaintiff from the opportunity to dispute the instant disposition due to the Plaintiff’s application for the suspension of execution, etc.