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(영문) 부산지방법원 2020.06.03 2020구단651
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. After succeeding to the status of a business operator on January 4, 2018, the Plaintiff has operated a general restaurant business with the trade name of “C” in the area of 56.12 square meters on the 1st floor in Nam-gu, Busan.

B. On December 24, 2019, his/her husband and wife, who had assisted the Plaintiff’s business, did not verify his/her identity on December 24, 2019 and provided alcohol to two juveniles (hereinafter “instant violation”) to the police, and the police notified the Defendant on December 26, 2019.

C. On November 10, 2019, before the first month of the instant violation, the Plaintiff was subject to an administrative disposition of a penalty surcharge of KRW 4.8 million in lieu of the business suspension period of December 6, 2019, since the Plaintiff did not grasp the identity of the Plaintiff and the provision of alcoholic beverages to juveniles was discovered.

On March 6, 2020, the Plaintiff issued a disposition of business suspension 45 days (from March 24, 2020 to May 7, 2020) (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 5 (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Although his/her wife, who had attempted to operate the Plaintiff’s business, was presented a copy of his/her cell phone from the juveniles at the time of the instant case, and verified the identity card, and all two of them were confirmed to have the copy of his/her student identification card stated in 99 years, and provided alcoholic beverages. Although juveniles are affiliated with the Plaintiff’s father by using a deceptive scheme that presented a copy of his/her forged identification card, the Defendant’s disposition of this case was unlawful. (2) Although his/her wife’s wife abused and abused discretion confirmed the copy of the student identification card by a cell phone, he/she failed to respond to the Plaintiff’s failure to properly memory at the time of detection by the police.

The judgment of suspended sentence of a fine of 10,000 won was rendered to the plaintiff's father and wife.

The plaintiff.

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