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(영문) 서울행정법원 2020.01.22 2019구단67954
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff has operated a general restaurant (hereinafter “instant business”) with the trade name “D” in Gangnam-gu Seoul Metropolitan Government (hereinafter “D”).

B. On December 29, 2018, around 21:00, the Plaintiff was controlled on the ground that four juveniles including E (hereinafter “instant juveniles”) were provided alcoholic beverages at the instant establishment.

C. On March 18, 2019, the Defendant is against the Plaintiff, and the Plaintiff B.

Pursuant to Articles 44(2)4 and 75 of the former Food Sanitation Act (wholly amended by Act No. 15943, Dec. 11, 2018; hereinafter the same) on the ground that the instant juveniles provided alcoholic beverages to the instant juveniles (hereinafter “instant disposition”), one month of business suspension (from April 8, 2019 to May 7, 201) was imposed (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission to the effect that the instant disposition is revoked, but the Seoul Special Metropolitan City Administrative Appeals Commission dismissed the appeal on June 10, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 5 through 8, Eul evidence Nos. 3 and 4, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.

1) The instant juveniles visited the instant business establishment several times prior to the instant control date, and presented forged student cards stored in a mobile phone with adults and adults. Accordingly, in light of the fact that they were aware of the fact that they were adults and were subject to the instant control date without any identification card, the Plaintiff could not be found to have any justifiable reason for the Plaintiff’s failure to perform their duties. Accordingly, even if the instant disposition is acknowledged, there is no ground for the instant disposition, the instant violation is committed.

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