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(영문) 부산고등법원 2015.01.21 2014누20742
영업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff's assertion in the court of first instance as follows. Thus, this is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(The plaintiff basically repeats the same argument in the first instance trial. The judgment of the first instance is justified even if the plaintiff examined the entries of evidence Nos. 9 through 13 newly submitted by the court of the first instance and the fact-finding results on the certified architect I of this court.

2. Additional determination

A. The Plaintiff’s assertion was already made with respect to the instant business establishment, but the Defendant omitted the entry of the change in the food business permission ledger, and the Plaintiff was already engaged in remodeling construction by taking over the buildings whose business area was extended to 265.5 square meters and did not change the area. Therefore, it is unreasonable to impose liability on the Plaintiff due to the failure to report the change.

B. According to Article 37(4) of the Food Sanitation Act, Article 21 subparag. 8, and Article 26 subparag. 4 of the Enforcement Decree of the same Act, where a person who has reported his/her business intends to operate a general restaurant business, or where he/she intends to modify important matters, such as the area of the relevant business place, etc., he/she shall report it to the head of the Gu, etc., and Article 75(1)7 of the Food Sanitation Act provides that a business operator may revoke his/her business license or suspend all or part of the relevant business for a fixed period not exceeding six months, and Article 39(1) of the Food Sanitation Act provides that the transferee shall succeed to the status

The purpose of the above duty to report and the cancellation of permission, etc. is to make business subject to reporting without reporting, or the area of the relevant business place.

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