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(영문) 수원지방법원 2019.11.29 2019구단3104
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. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name “D” in the Gu building B and C during Ansan-si.

B. On June 22, 2019, the Defendant issued a disposition imposing a penalty surcharge of KRW 6.9 million on August 12, 2019, on the ground that E, an employee of the instant restaurant, sold a liquor to two female juveniles at the instant restaurant and violated Article 44(2) Subparag. 4 of the Food Sanitation Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 12 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On the day of the case of the plaintiff's argument, when considering the following facts: (a) 2 female juvenile 2, who appears to be adults by putting clothes in the restaurant with the view to the event of the house; and (b) putting them into the restaurant of this case; (c) making an employee requesting the presentation of an identification card false statement that he/she is an undergraduate student; (d) making the employee judge and provide alcohol to adults; (e) the prosecution made a disposition against the plaintiff as to the violation of the Juvenile Protection Act in relation to the above case; (e) imposing a suspension of indictment on the employee; (e) emphasizing and educating the plaintiff that he/she should thoroughly verify the identity of the juvenile from having access to the restaurant of this case; and (e) the sales of the restaurant of this case considerably reduces rent, it is difficult for the plaintiff to pay rent to the employees of this case; and (e) taking into account the economic situation of the plaintiff, such as where the principal of the loan was not repaid at the time of opening the restaurant of this case, the disposition of this case should be revoked because it excessively deviates and abuse discretion.

(b) The attached Form of relevant statutes is as follows.

(c) judgment 1 disciplinary measures are imposed.

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