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(영문) 인천지방법원 2014.09.19 2014구합551
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 23, 2010, the Plaintiff reported the business to the Defendant and operated a general restaurant (hereinafter “C”) in the name of “C” on the second floor of the building located in Nam-gu Incheon Metropolitan City, Nam-gu.

B. At around 00:00 on September 29, 2013, D, an employee of the Plaintiff, sold alcoholic beverages equivalent to KRW 57,000 (hereinafter “instant violation”) in total, including 17,00, to four juvenile E (year 17) in the restaurant of this case.

On November 25, 2013, Incheon District Prosecutors' Office sentenced D to a violation of the Juvenile Protection Act, but suspended indictment in consideration of the fact that there is no same kind of power and his mistake is divided in depth.

C. On December 5, 2013, the Defendant rendered a disposition of business suspension for one month against the instant restaurant pursuant to Article 75 of the Food Sanitation Act on the ground of the instant violation to the Plaintiff.

(hereinafter referred to as the "disposition of this case"). [Grounds for recognition] / [In the absence of dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) Since D, an employee of the plaintiff's legitimate cause, has already inspected F's identification card in the past and verified facts that are not F's juveniles, D, which is the plaintiff's employee, provided alcoholic beverages to F without any other confirmation, and thereafter F joined E, which is a juvenile, and the plaintiff and its employee recognized the fact that the above juveniles had to control the violation of the Food Sanitation Act, there is a justifiable reason not to mislead the plaintiff about the violation of the Food Sanitation Act. 2) The plaintiff's deviation from discretionary power and abused plaintiff's identity card inspection in the operation of the restaurant of this case, and the execution of the disposition of this case causes a huge impediment to the plaintiff's livelihood, which operates the restaurant of this case.

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