(a) Whether the matters to be observed under attached Table 2, subparagraph 2 of Article 236 of the Directive on the Ministry of Health and Welfare, and paragraph (12) of the criteria for administrative disposition are urgent provisions

(b) The case holding that the disposition of revoking business permission is an abuse of discretionary power on the ground that business hours have been violated in the tourist city;

1. The matters to be observed under attached Table 2 of the Regulations on Handling the Sanitary Management of Foods, etc., and paragraph 12 of the administrative disposition standards, pursuant to the Directive of the Ministry of Health and Social Affairs No. 236, are not in force;

2.In a tourist city, where measures for prohibiting passage are cancelled, the revocation of the business license will be an abuse of discretionary power, on the ground that the business hours of the food service establishment expected to be used by tourists are somewhat small, unless it is considered necessary for the public interest.

Article 25 of the Food Sanitation Act, Directive 236 attached Table 2 of the Ministry of Health and Social Affairs

Plaintiff

[Defendant-Appellant] Gyeong-si, Counsel for defendant-appellant

Daegu High Court Decision 78Gu160 delivered on July 24, 1979

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

In theory, Article 236 of the Directive of the Ministry of Health and Social Affairs, attached Table 2 of the Regulations on the Handling of Sanitary Management of Food, etc., and Article 12 of the Administrative Disposition Criteria shall be deemed to have not passed since matters to be observed in accordance with Article 236 of the Rules on the Handling of Sanitary Management Affairs of Food, etc., and Article 12 of the Rules on the Handling of Sanitary Management Affairs of Food, etc., shall be deemed to have been merely a compelling provision, and the defect in attracting many tourists to contribute to obtaining foreign currencies shall be deemed to have been cancelled for the reason of national responsibility, unless it is recognized as especially necessary for the public interest, the revocation of the business license shall be deemed to have been an abuse of discretionary authority, on the ground that the business hours of the food office which is expected to be used by many tourists, and there is no error of law in the misapprehension of legal principles, such as theory

Therefore, this appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-chul (Presiding Justice)