1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On April 20, 2016, the Plaintiff, while running the “C cafeteria” business, which is a general restaurant located in Jung-gu Seoul Metropolitan Government, sold and provided a tenant to D (17 years of age, South) and E (18 years of age, South) who is a juvenile, at around 16:00.

Accordingly, on May 30, 2016, the Defendant rendered two months of business suspension (from June 26, 2016 to August 24, 2016) against the Plaintiff.

(hereinafter “Initial Disposition”). Around that time, the Plaintiff filed an administrative appeal against the initial disposition, and the Seoul Special Metropolitan City Administrative Appeals Commission rendered a ruling to change the initial disposition to one month of business suspension on August 22, 2016.

Accordingly, on September 8, 2016, the Defendant changed the initial disposition against the Plaintiff to 30 days of business suspension (from September 30, 2016 to October 29, 2016).

(hereinafter referred to as the “instant disposition”), 30 days of the business suspension remaining after the reduction as above, among the initial dispositions, [based on recognition] of absence of dispute, Gap evidence 4, 7-9, Eul evidence 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The above juveniles asserted that they had already exceeded the protection limit, and the Plaintiff provided alcoholic beverages without verifying identification card by being mistaken for adults due to their sound external appearance.

The police received statements from the above juveniles in the process of investigating defective juveniles who had been reported separately after several hours since the plaintiff was not exposed to the provision of alcoholic beverages to the above juveniles in the above restaurant, and controlled the plaintiff.

The Plaintiff’s failure of livelihood can be caused by the disposition of this case due to its economic difficulty and small business conditions.

Considering these circumstances, the instant disposition is an unlawful disposition that abused discretionary power by excessively harshly treating the Plaintiff compared to the public interest to be achieved.

B. The sanctions imposed on the violation of the administrative laws and regulations are sanctions based on the objective fact of the violation of the administrative laws and regulations in order to achieve the administrative purpose, so the violator becomes aware of his/her duty.