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(영문) 부산지방법원 2015.07.15 2015구단20019
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. From November 10, 2005, the Plaintiff runs a general restaurant business with the trade name of “C” (hereinafter “instant business”).

B. On November 4, 2014, the Defendant rendered a disposition of business suspension for two months (hereinafter “the initial disposition”) by applying Articles 44(2) and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act, on the grounds that the Plaintiff provided alcoholic beverages to juveniles at the instant establishment on July 4, 2014.

C. 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 a ruling that the initial disposition against the Plaintiff is changed to one month of business suspension. On January 8, 2015, the Defendant rendered a disposition for one month of business suspension (hereinafter “instant disposition”) on the ground that the initial disposition against the Plaintiff was identical to the initial disposition (hereinafter “administrative appeal ruling”), which was reduced to one month of business suspension.

[Ground of recognition] Facts without dispute, Gap's 1, 2, 4, 6 evidence, Eul's 1 through 6 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) On July 4, 2014, D and E, who operated the instant establishment on behalf of the Plaintiff on behalf of the Plaintiff, did not provide alcoholic beverages to the juveniles at the instant establishment on July 4, 2014, and at the time, juveniles at the time take alcoholic beverages from D and E in the air conditioners. Therefore, there is no reason for the instant disposition. Accordingly, when there is doubt that the instant establishment is a juvenile in order to avoid selling alcoholic beverages to the juveniles, the status verification has been verified, and the juveniles take the alcoholic beverages in D and E-brop condition conditioners, and they take the alcoholic beverages in the air conditioners while entering D and E.

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