1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From November 15, 1999, the Plaintiff runs a general restaurant business in the trade name of “C” in Jung-gu, Busan (hereinafter “instant business”).

B. On November 8, 2015, 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 18, 2015.

C. The Plaintiff filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission on the initial disposition, and on December 22, 2015, the Busan Metropolitan Administrative Appeals Commission rendered a ruling that changed the initial disposition to the disposition of business suspension 15 days.

(hereinafter referred to as “instant disposition”), which was reduced on November 8, 2015 by the said administrative appeal ruling as of November 15, 2015 (hereinafter referred to as the “instant disposition”). [The grounds for recognition] of absence of dispute, Gap evidence 1, Gap evidence 8-1 through 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The non-existence of the ground for disposition was confirmed to be an adult by presenting the identification card from two persons possessing the identification card during the process of finding the pertinent business establishment at the time of the instant case, and the remaining persons holding the identification card were to provide alcoholic beverages. After that, it was revealed that the plaintiff's identification card was modified, and in light of these circumstances, there was no awareness that the plaintiff would provide alcoholic beverages to the plaintiff at the time of the instant case. Therefore, the defendant's disposition was made by mistake of the fact, and it was illegal. 2) The plaintiff's business establishment of the instant case is a small small-scale business with the plaintiff's non-existence of discretionary power and operated a mixed without an employee. In light of the fact that the instant disposition was maintained, the plaintiff's livelihood was prevented, and the circumstances leading up to the provision of alcoholic beverages of this case were considered.