1. The plaintiff's claim is dismissed.

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

1. (i) After completing the report on food service business on October 2, 2003, the Plaintiff operated the restaurant called “C” located in the Seosung City. The Plaintiff used the groundwater of the said restaurant.

B. On April 14, 2017, the Defendant submitted a water quality inspection report to the Plaintiff by May 31, 2017, and notified the Plaintiff that the water quality inspection was not appropriate in water quality inspection, and that the water is not subject to the closure disposition of the place of business, if the water is continuously used.

On April 27, 2017, the New Lifelong Research Institute of the Plaintiff (hereinafter “New Lifelong Research Institute”) collected groundwater and conducted water quality testing at the Plaintiff’s restaurant. On May 11, 2017, the result of the examination of water quality was determined as “unconformity of the General Maump”.

Around 17:30 on May 12, 2017, the Defendant was notified of the results of the above water quality testing by the New Lifelong Research Institute Co., Ltd., and notified the Plaintiff of the results of the water quality testing, that “When using groundwater determined to be fit, he/she purchased raw water or purchased water at the clean water business place and used water supply at the clean water business place.”

(v) around 15:00 on May 15, 2017, the public official in charge of the defendant visited the above restaurant, and the employee of the above restaurant showed that he cleans the wall using groundwater.

⑹ 이에 피고는 적법한 사전절차를 거쳐 2017. 6. 14. 원고에 대하여 식품위생법 제44조 제1항, 식품위생법 시행규칙 제89조에 근거하여 영업소 폐쇄처분(이하 ‘이 사건 처분’이라 한다)을 하였다.

⑺ 원고는 이 사건 처분에 불복하여 경기도행정심판위원회에 행정심판을 청구하였는데, 경기도행정심판위원회는 2017. 8. 21. 위 영업소 폐쇄처분을 영업정지 6개월로 변경하는 재결을 하였다.

⑻ 위 재결에 따라, 피고는 2017. 9. 1. 원고에게 영업정지기간을 '2017. 9. 25.부터 2018. 3. 23.까지 6개월'로 정하여 통보하였다.

This Court, 2017.