1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a person operating a general restaurant in the trade name of Nam-gu Busan Metropolitan City B.

B. On December 26, 2015, the Busan Southern Police Station discovered that D, an employee of the Plaintiff, provided alcohol to juveniles.

C. On February 12, 2016, the Defendant rendered a disposition of business suspension for one month on the ground that the Plaintiff provided alcoholic beverages to juveniles (the first place).

On February 24, 2016, the Plaintiff filed an administrative appeal, and the Busan Metropolitan City Administrative Appeals Commission made a decision on March 29, 2016 to revise the business suspension one-month disposition as the business suspension period of 20 days.

E. On April 18, 2016, the Defendant issued a disposition of business suspension 20 days (20 days from May 4, 2016 to May 23, 2016) to the Plaintiff in accordance with the purport of the administrative appeal decision. On May 3, 2016, the Defendant accepted the Plaintiff’s request and imposed a penalty surcharge of KRW 11,200,000 in lieu of the business suspension 20 days on the Plaintiff.

hereinafter referred to as "the disposition of this case"

(ii) [Ground of recognition] unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 7 (each entry, including each number, and the purport of the whole pleadings;

2. Whether the instant disposition is lawful

A. In light of the fact that the juveniles who received the Plaintiff’s alleged alcoholic beverages were unable to be deemed minors in appearance, the Plaintiff did not have been subject to regulation so far, the restaurant of this case is a means of family’s livelihood, and the amount of the penalty surcharge is excessive compared to business profits, the instant disposition is unlawful as it is deemed that it is excessive punishment compared to the instant offense.

(b) as shown in the attached Form of the relevant statutes.

C. According to Article 75(5) of the Food Sanitation Act and Article 89(23 of the Enforcement Rule of the Food Sanitation Act, in the case of providing alcoholic beverages to juveniles, the suspension of business shall be imposed for two months in the event of the first violation. However, in a case where the suspension of indictment was imposed by a prosecutor on the relevant violation and the relevant violation is deemed to have no intention or to have no risk of undermining human health.