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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 September 1, 2007, the Plaintiff has run a general restaurant business (hereinafter “instant restaurant”) with the trade name “C” in Ulsan-gu, Ulsan-gu.
B. On September 26, 2013, the Defendant: (a) around 23:50 on August 26, 2013, on the ground that D, an employee of the Plaintiff, provided alcoholic beverages to juveniles in the instant restaurant; (b) issued a disposition of business suspension of two months (from November 21, 2013 to January 19, 2014) (hereinafter “instant first violation”); (c) on April 15, 2014, D offered alcoholic beverages, etc. to juveniles in the instant restaurant; and (d) thereafter, D issued a disposition of the instant violation of business suspension of three months (from May 1, 2014 to July 29, 2014) (hereinafter “instant disposition”); and (d) on April 15, 2014, the Plaintiff issued the instant disposition of the instant violation as the instant disposition of business suspension of three months (hereinafter “instant violation”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 4-1, Eul evidence 1-3, the purport of the whole pleadings
2. The legality of disposition.
A. The plaintiff's assertion 1) The defendant's disposition of this case against the plaintiff was unlawful since the plaintiff did not violate the Food Sanitation Act as follows. D provided alcohol to the adult E, etc., and even if the juvenile F, etc. were to join thereafter, since it did not provide alcoholic beverages to F, etc., it cannot be deemed that "the act of providing alcoholic beverages to juveniles" under Article 44 of the Food Sanitation Act was "the act of providing alcoholic beverages to juveniles".
B) Even if D were to provide alcoholic beverages after D’s combination with F, etc., the alcoholic beverages were offered to E according to the order of E, an adult, and the drinking value also can be deemed to have been paid by E, and thus, it cannot be deemed that the provision prohibiting the offer of alcoholic beverages to juveniles under the Food Sanitation Act was directly violated. 2) The instant disposition that the Defendant rendered to the Plaintiff for the following reasons.