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 designated as a tobacco retailer by the Defendant and operates a mutual convenience store (hereinafter “instant convenience store”) called “Cstore” in the Nam-gu Incheon Metropolitan Government B.

B. D, an employee of the instant convenience store, sold alcoholic beverages and tobacco 1 A to three juveniles, including E (17 years of age), around August 7, 2019, around 04:09.

(hereinafter “instant violation”). D On August 26, 2019, a public prosecutor of the Incheon District Public Prosecutor’s Office issued a disposition of suspending prosecution on the violation of the Juvenile Protection Act regarding the instant violation.

C. On September 10, 2019, the Defendant notified of the detection of the instant violation, the Defendant issued a two-month prior notice of the suspension of tobacco retailers’ business on September 10, 2019, and submitted the Plaintiff’s opinion through the hearing procedure, and mitigated 1/2. On October 21, 2019, the Defendant issued a disposition of suspension of tobacco retailers’ business for one month pursuant to Article 17(2)7 of the Tobacco Business Act and Article 11(4) and (5) of the Enforcement Rule of the Tobacco Business Act against the Plaintiff.

The Plaintiff appealed and filed an administrative appeal. On December 23, 2019, the Incheon Metropolitan City Administrative Appeals Commission rendered a ruling that “one-month disposition of business suspension shall be changed to the business suspension 15 days disposition.” On January 7, 2020, the Defendant notified the Plaintiff by reflecting the above ruling.

(hereinafter referred to as “instant disposition”) No. 21, 2019, which was mitigated on October 21, 2019, due to the suspension of business 15 days.

On the other hand, on October 14, 2019, the Defendant rendered a disposition of penalty surcharge of KRW 500,000 against the Plaintiff under Articles 28(1) and 54 of the Juvenile Protection Act against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1, 3 through 11, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s employee D already demanded the past E to provide an identification card.