logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.05.29 2015구단299
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 operated a general restaurant (hereinafter “instant business establishment”) with the trade name “C” from B and 1-2 at the Gyeonggi-si, Gyeonggi-si, and employed juveniles as part-time employees. On July 5, 2014, around 19:00, the Plaintiff sold to four alcoholic beverages, a alcoholic beverage, four alcoholic beverages.

(hereinafter “instant violation”). (b)

On November 13, 2014, the Defendant initially issued an administrative disposition against the Plaintiff regarding the instant violation of Article 44(2)3 and 4 of the Food Sanitation Act for four months of business suspension.

C. On this issue, the Plaintiff filed an application for adjudication, and the Gyeonggi-do Administrative Appeals Commission rendered a ruling to change the disposition of the business suspension of the first four months on January 13, 2015 to one month.

Accordingly, on January 26, 2015, the Defendant notified the Plaintiff of the change of the period of the instant disposition to one month (from February 2, 2015 to March 3, 2015).

[Ground of recognition] Facts without dispute, entry of evidence Nos. 3, 5 and 6, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) Since the restaurant operated by the Plaintiff is a business establishment which cooks and sells alcoholic beverages, it is not a business establishment banned from employing juveniles under the Juvenile Protection Act. 2) The Plaintiff had thoroughly conducted employee training so as not to provide alcoholic beverages to ordinary juveniles, but at the time, the Plaintiff did not verify his/her identification card separately because he/she shows his/her appearance as an adult even though he/she can be seen as adult. Thus, the Plaintiff’s justifiable grounds are acknowledged that it is not attributable to the Plaintiff’s duty to provide alcoholic beverages.

At the time of 195, the juvenile employed by the plaintiff was not a juvenile who was born in April 3, 1996, and was prepared for employment. If the business is suspended due to the disposition of this case, the operation of the above business place is significantly hindered and the livelihood of family members and employees is difficult, and there is no record of regulating the same violation before the violation of this case.

arrow