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(영문) 대구지방법원 2019.02.15 2018구단2006
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. From June 23, 2001, the Plaintiff operates a general restaurant in the name of “C” (hereinafter “instant business”).

B. On June 5, 2018, the Plaintiff was issued a summary order of KRW 700,000 on the violation of the Juvenile Protection Act, which stated that “ around 00:00 on March 11, 2018, at the instant establishment, the Plaintiff sold the total amount of KRW 50,000,000, including five weeks, and provided alcoholic beverages that are harmful to juveniles, without verifying identification cards to juveniles D (17 years of age) and E (16 years of age),” and the said summary order became final and conclusive on the 26th of the same month.

C. On August 6, 2018, the Defendant: (a) applied Articles 44(2) and 75 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act on the ground of the provision of juvenile alcoholic beverages to the Plaintiff; (b) made a disposition of business suspension for two months (hereinafter “the first disposition”).

The Plaintiff filed an administrative appeal against the original disposition, and on September 17, 2018, the Gyeongbuk-do Administrative Appeals Commission rendered an adjudication that changed the original disposition by 40 days of business suspension.

(hereinafter referred to as “instant disposition”, which was reduced on August 6, 2018 by the above administrative appeal ruling as 40 days of business suspension (hereinafter referred to as the “instant disposition”). [Grounds for recognition] of no dispute, entry in Gap’s 1, 2, 4 through 7, and Eul’s 1 through 7 (including the serial number) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion verified the identification card of an adult who was working at the time of the Plaintiff’s assertion, the mother of the juvenile was seen as an adult, and that the juvenile’s appearance had been perceived as an adult by acting as a kind of friendship, such as going against the adult, etc., the Plaintiff’s health was not good due to the aging, and the spouse was suffering from the finson’s disease, and the Plaintiff was receiving a kidne due to kidy disease, and that the Plaintiff and his family’s livelihood are difficult when suspending the business due to the instant disposition.

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