logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.12.14 2017구합65333
시설개수명령 처분취소
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 August 1, 2009, the Plaintiff reported general restaurant business to the Defendant on November 8, 201 with the trade name “C”, which was located in Jongno-gu Seoul, Jongno-gu B and nine floors.

Since then, the name of business operator C was successively changed to the Plaintiff on March 2, 2015, May 1, 2015, and October 4, 2016.

B. On May 2, 2017, the Defendant: (a) on the ground that “Separation of a restaurant and a call text facility (use of a restaurant through the entrance of the call text (violation date: April 6, 2017; and (b) exposure: Jongno-gu Health Sanitation Department)” was disposed of by the Plaintiff; and (c) Articles 36 and 74 of the Food Sanitation Act; and Article 89 [Attachment Table 23] of the Enforcement Rule of the same Act.

Ⅱ Individual Standards

3. An order to repair facilities pursuant to subparagraph 8 and (h) of food service business (by June 5, 2017) was issued.

(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, Gap’s evidence Nos. 2, 4, and Eul’s evidence Nos. 1 through 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Food Sanitation Act or the Installation and Utilization of Sports Facilities Act does not provide for the separation of restaurant facilities and call text facilities, and the instant disposition is not based on the law, and the Plaintiff’s sub-leaseed C to E on May 4, 2015, and thus, the Defendant’s instant disposition was unlawful. The Defendant’s disposition was unlawful. (2) Since around 2009, the Plaintiff installed a door favorable for the Plaintiff to enter C from call text, taking into account the location of the elevator and cooperation room, and the fact that the major customers of C are call text users. However, as long as there were favorable questions between C and call text, it may be deemed that it was separated from call text.

In addition, after the disposition of this case, the plaintiff constructed partitions to separate call text and restaurant, and has been made up for supplementary construction to allow access only to C to the entrance, which is directly connected from stairs and elevators.

arrow