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(영문) 대구지방법원 2018.12.21 2018구단1751
일반음식점 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 April 24, 2013, the Plaintiff operates a general restaurant in the trade name called “Cstore” (hereinafter “instant business”).

B. On June 12, 2018, D, an employee of the Plaintiff, was suspended from indictment on the suspected violation of the Juvenile Protection Act that “A juvenile E (FF) provided a alcoholic beverage, which is a drug harmful to juveniles, in the instant establishment, around May 31, 2018 at the Seo-gu District Office of the District Prosecutors’ Office, without properly verifying the identification card, at around 22:30, 2018.”

C. On June 29, 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 one month (hereinafter “the first disposition”).

On August 27, 2018, the Daegu Metropolitan City Administrative Appeals Commission filed an administrative appeal against the initial disposition, and rendered a ruling that the initial disposition was changed to the 20-day disposition of business suspension.

(hereinafter referred to as “instant disposition”), which was reduced by 20 days of business suspension by the above administrative appeal ruling, (hereinafter “instant disposition”). 【No dispute exists, the entries in Gap’s 1 through 3, Eul’s 1, 5, and 7, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The plaintiff provided alcoholic beverages to adults who had been the customers of the business of this case in the ordinary place of business. The above adults followed and allowed juvenile E to drink who had been late. 2) In the situation where adult customers drink alcohol, it is very difficult for the plaintiff to monitor or reach a drinking, the juvenile or his/her relatives who drinking alcohol intentionally conducted drinking to harm the plaintiff, and reported to the police, it was revealed that the plaintiff's employees had no intention to do so, and thus the suspension of indictment was suspended, and the business was suspended due to the disposition of this case.

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