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(영문) 부산지방법원 2019.06.05 2018구단2364
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. On January 6, 2017, the Plaintiff completed a business report and operated a general restaurant in trade name (hereinafter “instant general restaurant”).

B. On August 3, 2018, around 04:17, the Plaintiff provided three juveniles aged 16 or older than 17 with three calendars per week, and the police discovered such fact and notified the Defendant on the same day.

In relation to the above provision of alcoholic beverages, the suspension of indictment was issued against the plaintiff's employee D who did not examine the identification card for the above juveniles.

C. On October 8, 2018, the Defendant rendered a disposition to suspend the business of the instant establishment for one month on the ground that the instant establishment was alcoholic beverages provided to juveniles at the place of business as above.

The plaintiff is dissatisfied with this and filed an administrative appeal seeking the revocation of the above disposition with the Busan Metropolitan City Administrative Appeals Commission.

On November 20, 2018, the foregoing Committee rendered a ruling to change the one-month business suspension to the 20-day business suspension disposition. Accordingly, the Defendant, on December 10, 2018, set the business suspension period from December 26, 2018 to January 14, 2019, imposed a disposition of 20-day business suspension.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, and 6, Gap’s Evidence No. 1, 2, 4, 5, and 6’s Evidence No.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff posted a Sticker or notice to the effect that he does not sell alcoholic beverages to juveniles at the entrance or the wall of the restaurant, and provided employees with thorough education on such matters.

At the time of the detection of the instant case, DNA suffering from a safe disease due to the “defluence” due to a late new wall at the time of the detection of the instant case was unable to conduct a proper examination of identification card due to a decline in eyesight and lack of concentration.

The plaintiff has been given official commendation to the previous sanitary restaurant operation.

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