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(영문) 수원지방법원 2020.10.16 2019구단9003
영업정지처분취소
Text

1. The Defendant’s disposition of business suspension for 15 days against the Plaintiff on June 17, 2019 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 7, 2016, B Co., Ltd. (hereinafter “B”) reported to the Defendant on the establishment and operation of meal service facilities, i.e., meal service facilities, that continued to provide food to the employees belonging to B, in the workplace located in G in G, in order to provide the Defendant with food.

B. On August 8, 2016, the Plaintiff entered into an entrusted operation contract with the terms that the Plaintiff is entrusted with the operation of meal service facilities scheduled to be established at the B’s workplace (hereinafter “instant entrusted operation contract”), and on December 7, 2016, the Plaintiff reported the entrusted operation business (mutual name D) to the Defendant. As to the scope of the entrusted operation contract, the instant entrusted operation contract is defined as follows:

Article 2 (Scope of Entrustment) 1: Places of entrusted operation under Article 2 (Scope of Entrustment): Officers, employees, and other agreed persons who are in the B’s place of business and employees of the B’s place of business and 3) B provide the Plaintiff with the food service place necessary for the operation of the restaurant, and processed and prepared foods by providing the facilities, equipment, food materials, expendable goods, etc. of the main room necessary for the meal service, and provide them to B or third parties. (c) The Defendant on April 16, 2019 (hereinafter “instant meal service facilities”).

(E) A Co., Ltd. (hereinafter referred to as “E”) other than B employees who have established and operated meal service facilities in the course of on-site inspections.

() The Defendant discovered the fact that he provided food to 20 employees. Accordingly, the Defendant, on June 17, 2019, found that the Plaintiff violated the matters to be observed by the entrusted meal service operator, on the ground that the Plaintiff violated the matters to be observed by the entrusted meal service operator. The same applies to the former Food Sanitation Act (amended by Act No. 15943, Dec. 11, 2018; hereinafter the same).

) Pursuant to Article 75, a disposition of business suspension for 15 days against the Plaintiff (hereinafter “instant disposition”).

D. D.

The Plaintiff filed an administrative appeal against the instant disposition, but the Gyeonggi-do Administrative Appeals Commission (Seoul Special Metropolitan City Administrative Appeals Commission) filed on September 2019.

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