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(영문) 부산지방법원 2019.10.16 2019구단20673
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 October 15, 2010, the Plaintiff has been designated as a tobacco retailer in Busan, Seo-gu B and 1st floor C, and operated convenience stores including tobacco retail business.

B. On December 7, 2018, the Busan Summer Police Station discovered that D, an employee of the Plaintiff, sold tobacco to the juvenile under 18 years of age, and notified the Defendant on January 9, 2019.

C. On January 14, 2019, the Defendant followed the procedure of prior notice of disposition in order to implement an administrative disposition for two months of business suspension.

On March 26, 2019, the Defendant heard the Plaintiff’s opinion through prior procedures, and issued a disposition of suspension of indictment on the crime of violating the Juvenile Protection Act, which was committed by the Plaintiff’s employee D, to the juvenile at the above time and place, for one month (from April 15, 2019 to May 14, 2019) of business suspension concerning tobacco retail business (hereinafter “instant original disposition”).

On April 8, 2019, the Plaintiff filed an administrative appeal seeking revocation of the original disposition in this case with the Busan Metropolitan City Administrative Appeals Commission, but the said claim was dismissed on May 27, 2019.

The original disposition of this case was suspended in relation to the above administrative appeal claim.

E. On June 14, 2019, the Defendant issued a disposition to change the enforcement period of the original disposition in this case from July 10, 2019 to August 9, 2019 (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Eul-1 through 7, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The juvenile who sold tobacco by the Plaintiff’s asserted employee was not subject to the Juvenile Protection Act after about 18 years of age and about 20 days of age at the time.

In addition, the plaintiff's employee sells tobacco by misunderstanding that a juvenile in a state of late drinking at night is an adult, so there is no intention.

Although there is no pecuniary benefit from this, it is convenient to get a loan.

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