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(영문) 수원지방법원 2017.09.22 2017구단19
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) The Plaintiff operates a general restaurant in the name of “C” from the 2nd floor (201, 202) and the 2nd floor (201, 202).

B. The Plaintiff’s son-friendly D is in charge of the above business establishment’s substantial business, and around 23:30 on July 20, 2016, the juvenile E (the age of 16) who entered the above business establishment did not verify the age of 11 illness, beer, and 2,000 C sales.

Article 89 of the Enforcement Rule of the Food Sanitation Act (hereinafter “instant disposition”) provides the Plaintiff with a disposition of business suspension for two months (from October 31, 2016 to December 29, 2016) based on Article 89 of the Enforcement Rule of the Food Sanitation Act (hereinafter “instant disposition”).

Applicant filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission against the instant disposition, and the Gyeonggi-do Administrative Appeals Commission dismissed the appeal on December 16, 2016.

(v) on January 9, 2017, the Defendant changed the period of suspension of business from February 1, 2017 to April 1, 2017 to notify the Plaintiff.

【Non-contentious facts, Gap’s evidence Nos. 1, 2, 6, 7, Eul’s evidence Nos. 4, 5, 6, 7, the purport of the whole pleadings

2. The legality of the instant disposition (i.e., the Plaintiff’s her mother on the day of the instant case was cooked in the kitchen, and she was found to have her part-time (F). At around 23:30, since her part-time (including six customers), her part-time (f) provided food and alcoholic beverages upon receiving orders after examining the identity card of her customer, and her part-time (or her part-time (or her part-time) her part-time (or her part-time) her part-time (or her part-time) her part-time (or her part-time) her part-time (or her part-time (or her part-time) her part-time (or her part-time) her part-time (or her part-time) her part-time (or her part-time) her part-time (or her part-time) her part-time) her part-time (or part-time) her part-time) her part.

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