1. The Defendant’s disposition of suspending business against the Plaintiff on March 11, 2016 is revoked for two months.

2. The costs of the lawsuit are assessed against the defendant.

1. Facts of recognition;

A. The Plaintiff is running a general restaurant business in the name of “C” (hereinafter “instant place of business”) in Nam-gu Incheon Metropolitan City B (part 701, 801), and there is no guest room or a separate stage in the instant place of business.

B. On January 9, 2015, the Defendant notified the Incheon Southern Police Station of the investigation results to the effect that “the Plaintiff installed a special lighting, such as DJbes, Blus, and Rabs, at the instant place of business on January 23:45, 2015, so that customers can dance.” While taking the procedure for taking an administrative disposition against the Plaintiff, the Defendant was notified by the said police station of the investigation results that the Plaintiff repeated the instant violation on May 2, 2015.

C. On March 11, 2016, the Defendant rendered the instant disposition against the Plaintiff on the ground that the Plaintiff violated the facility standards prescribed under Article 36 of the Food Sanitation Act, which was “where a dance hall was installed in a place of business other than entertainment tavern (a special lighting place is installed and customers dance),” and that the Plaintiff violated the facility standards prescribed under Article 36 of the same Act, and that the Defendant violated the same matters twice during the course of the administrative disposition due to the second violation of the Food Sanitation Act on January 2, 2015 (the offense committed on May 2, 2015 is excluded from the grounds for disposition), and that the business suspension for two months.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is not against the facility standards under Article 36 of the Food Sanitation Act for sound facilities or special lighting facilities installed in the neglected, not the guest room of the instant place of business. Thus, the Defendant cannot engage in business suspension under Article 75(1)6 of the Act. The instant disposition based on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) Determination is below Article 36 [Attachment 14] of the Enforcement Rule of the Food Sanitation Act (hereinafter “Enforcement Rule”).