1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name of “C” in Incheon City B.

B. On August 23, 2015, around 01:00, the Plaintiff sold alcoholic beverages to D who is a juvenile (hereinafter “instant violation”) and thereby was sentenced to a suspended sentence of KRW 500,000 as a fine for the violation of the Juvenile Protection Act from the Cheongju District Court Jeju District Court’s subsidies on April 21, 2016.

C. On August 1, 2016, the Defendant rendered a disposition of business suspension for one month (hereinafter “instant disposition”) on the ground that the Plaintiff committed the instant violation, which provides alcoholic beverages to juveniles.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition should be revoked on the following grounds.

1) The Enforcement Rule of the Food Sanitation Act [Attachment 23] [Attachment 23] of the amended Food Sanitation Act, is recognized as a juvenile who received alcoholic beverages from the Plaintiff was found to have engaged in adult behavior by misappropriation

I. Pursuant to the General Standards 15.j. (j) (hereinafter “instant amended Provisions”), a disposition of suspension of business that was reduced to the extent of not more than 9/10 of the original disposition of suspension of business shall be taken for up to 6 days, and the Defendant did not apply the said provisions.

2) Even if the instant amended provisions are not applicable, the instant disposition goes against the principle of proportionality in view of the fact that a food service provider provided alcoholic beverages without knowing whether a juvenile was a juvenile by theft of the juvenile identification card, the fact that there was no violation of the Juvenile Protection Act, and the instant disposition brought about the Plaintiff the same result as the business closure. (B) Determination 1 is the same as indicated in the relevant Acts and subordinate statutes. (C) According to the instant amended provisions as to mitigation pursuant to the instant amended provisions, the food service provider’s identification card is a juvenile.