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(영문) 의정부지방법원 2018.07.26 2018구합11789
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. On May 20, 2009, the Plaintiff operated the Goyang-gu building B and the “C” convenience store (hereinafter “instant convenience store”) under 103, and sold tobacco after obtaining designation as a tobacco retailer from the Defendant.

B. Around 04:05 on December 8, 2016, D, an employee of the instant convenience store, was discovered by a police officer belonging to the Gyeonggi High Police Station on the fact that he sold tobacco 1 A to E (the age of 18) who is a juvenile, and was discovered by the police officer belonging to the Gyeonggi High Police Station. The Goyang branch office of the government's Goyang branch office was the first offender, the case is relatively minor, and the case is subsequently relatively minor, and the case is subsequently being thoroughly inspected, the prosecution was suspended for the suspected violation of the Juvenile Protection Act.

C. On May 17, 2017, the Defendant issued a disposition of business suspension for one month (period: from July 1, 2017 to July 31, 2017) pursuant to Article 17(2)7 of the Tobacco Business Act, etc. against the Plaintiff regarding the sales of tobacco to juveniles as above.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, and was subject to a decision to suspend execution, which subsequently dismissed the Plaintiff’s claim on July 17, 2017, and the Defendant, on July 31, 2017, set the period for implementation of the instant disposition as from September 1, 2017 to the Plaintiff on the 30th day of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2 to 8 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff provided education to allow employees to inspect the identification card in selling tobacco while operating the usual convenience store, and F, a juvenile, attempted several pieces of tobacco at the convenience store in this case, but failed and satisfed so as to have an adult friendly E with the aim of controlling the satisfing.

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