1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On October 14, 2017, while the Plaintiff was operating the main point with the trade name of “C” in Seo-gu Incheon, Seo-gu, Incheon, the Plaintiff was controlled to provide four juveniles with three bottles and one beer.

B. Accordingly, on January 30, 2018, the Defendant issued a disposition of business suspension against the Plaintiff for two months, and the Plaintiff filed an administrative appeal for the same year.

3. The dismissal was 26.

(The plaintiff paid a fine of KRW 700,000 in this case). [Grounds for recognition] The plaintiff did not dispute, Gap evidence No. 1, Eul evidence No. 1 to 9, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion confirmed that three juveniles were 2017 student certificates and provided alcoholic beverages. The instant disposition is unlawful as excessive.

B. Sanction against violation of the administrative law is a sanction against the objective fact of violation of the administrative law in order to achieve the administrative purpose. Thus, it is always possible to impose a sanction against the person stipulated by the law as the person in charge of the law, not the actual actor. In principle, it does not require the violator's intention or negligence. However, if there is a justifiable reason that does not cause any violation of the duty of the violator, it is impossible to impose it.

The plaintiff filed an administrative appeal on May 26, 200, which recognized that the plaintiff neglected to conduct an identification card inspection, and paid a fine to the same effect. The reason why investigating the student card alone is difficult to deem that there is a justifiable reason not to cause the violation of the duty.

Furthermore, according to Article 89 [Attachment 23] of the Enforcement Rule of the Food Sanitation Act, the first violation of the Food Sanitation Act requires the suspension of business for two months in the case of providing juvenile alcoholic beverages, and the instant disposition is in accordance with the relevant Acts and subordinate statutes, and it also takes into account all the circumstances related to the details of the instant disposition.