Whether the disposition of suspension of business for 15 days for the admission of minors who have shown three adults to a dance hall is appropriate;

Even if an adult has believed that he/she did not have a resident registration certificate and did not confirm his/her resident registration certificate, and a minor has access to a dance hall, four adults are all adults, the above non-party is attending the second grade of a university, and if he/she appears to be an adult, the violation of the business principle is extremely minor, and thus, an administrative agency's disposition of business suspension for 15 days is an illegal disposition beyond discretion.

Article 26 (1) of the Food Sanitation Act, Article 1 of the Administrative Litigation Act

Plaintiff

The head of Dong-si in Gwangju

Gwangju High Court Decision 83Gu46 delivered on July 26, 1983

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the Defendant’s grounds of appeal.

According to the reasoning of the judgment below, with respect to the violation of the disposition of this case committed by the defendant on the ground of the disposition of the suspension of business of this case, the court below determined by the evidence of the court below that since the non-party who attended the second grade of ○ University at the time, who was 18 years old and 11 months old, wishes to enter a non-party-at-law entertainment establishment operated by the plaintiff while accompanying the four adult friendships, the plaintiff was trying to verify his age based on his resident registration certificate, but did not have his resident registration certificate, while he was adult, and the plaintiff was only an adult, and the appearance of the non-party-at-law is also seen as an adult, and the non-party-at-law is believed to have permitted the position of the place of business to believe that the non-party-at-law was an adult, and therefore the defendant's 15 days business suspension disposition was extremely minor, the judgment of the court below is justified in light of the facts confirmed by the court below, and it is not justified in the misapprehension of legal principles.

Therefore, the appeal is dismissed by the assent of all participating judges, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.

Justices Yoon Il-young (Presiding Justice)