1. The plaintiff's claim is dismissed.

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

1. From March 31, 2015, the Plaintiff is running a general restaurant business with the trade name of “C” (hereinafter “instant business establishment”) in the Seocho-gu Seoul Special Metropolitan City, Changwon-si.

D, an employee of the instant establishment, was subject to a disposition of suspension of indictment at the original district prosecutor’s office on November 21, 2015 regarding the violation of the Juvenile Protection Act that sold alcoholic beverages to three juveniles, including E, at the instant establishment around 02:50.

On November 21, 2015, the Defendant issued a one-month disposition of business suspension ordering the Plaintiff to suspend the business of the instant establishment from February 2, 2016 to March 2, 2016 (hereinafter “instant disposition”) on the ground that the Defendant provided alcoholic beverages to juveniles on November 21, 2015 at the instant establishment (hereinafter “instant disposition”).

[Then, the defendant decided to dismiss the plaintiff's administrative appeal, and then notified the plaintiff of the new execution period of the disposition of this case from March 25, 2016 to April 21, 2016 (excluding two days which had been already executed before the suspension of execution by an administrative appeals commission). [Grounds for recognition] Items A, 2, 3, 9, and Nos. 2, 3 and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Three juveniles, including the Plaintiff’s assertion E, were working in F, an employee of the instant business establishment. The Plaintiff and D heard the horses of majority from F and did not verify the remaining age of E, etc. The Plaintiff and D could not at all anticipate F, etc.’s age. The period of business suspension of the instant disposition was 30 days in light of the circumstances of the instant case and the Plaintiff’s economic situation, etc., and the Defendant did not take into account the imposition of a penalty surcharge in lieu of the disposition of business suspension, and thus, the instant disposition was unlawful since it exceeded and abused discretionary authority.

B. (1) The objective fact that sanctions against administrative violations are violations of administrative laws and regulations in order to achieve administrative objectives.