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(영문) 서울행정법원 2015.03.27 2014구단16579
과징금부과처분취소
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. From November 26, 2013, the Plaintiff operated a general restaurant in the name of “C” in Jongno-gu Seoul Metropolitan Government B (B, and 1st floor) from November 26, 2013, and five Spatial Seas, the expiration of the circulation period of which was 19:40 on October 1, 2014, where five (4 Spatial Seas, the expiration date of which was September 25, 2014, and one (1 Spatial Seas, the expiration date of which was September 26, 2014) was discovered.

B. On November 20, 2014, the Defendant issued a disposition of penalty surcharge of KRW 9,00,000 in lieu of 15 days of business suspension (hereinafter “instant disposition”) against the Plaintiff on the ground that “the purpose of cooking and selling products after the expiration of the distribution period (Ij)” was “the storage for the purpose of cooking and selling products after the expiration of the distribution period” (hereinafter “instant disposition”).

[Based on Recognition] Each entry of Gap evidence 1 to 3, Eul evidence 1 to 4 (including the number of pages)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (i.e., Ssam Ssamk, the expiration of the distribution period, but was kept only for return and was not for sale.

Considering the fact that she was faced with business difficulties due to the decline in sales caused by the recent Doll Games, the instant disposition was unlawful since it was excessively harsh and abused discretion.

(b) as shown in the attached Form of the relevant statutes;

C. Comprehensively taking account of the overall purport of the pleadings in the evidence No. 4 and No. 2, the Plaintiff’s business establishment at the time of control, and Spatial Sea, which had been kept without any separate indication, was signed by the Plaintiff himself/herself on the confirmation of the violation at the time, and the Plaintiff’s continued to keep the products discovered by the Plaintiff from September 17, 2014 to September 26, 2014, claiming that they were supplied with the products discovered by the Plaintiff, without return. In full view of the foregoing, the Plaintiff’s business operator is prohibited from keeping the products for the purpose of cooking and selling after the expiration of the distribution period, by taking into account the place, indication, control, and return of the products stored after the expiration of the distribution period.

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