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(영문) 수원지방법원 2017.04.28 2016구단3189
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is running a general restaurant in the name of “C” on the first floor of C and C in eternity.

On May 14, 2016, around 22:30 on May 14, 2016, the Plaintiff sold three alcoholic beverages to juvenile D (199 students, male), E (199 students, female), and F (199 students, female).

B. On September 8, 2016, the Defendant rendered a disposition of suspension of business for two months (hereinafter “instant disposition”) against the Plaintiff based on Article 89 of the Enforcement Rule of the Food Sanitation Act.

Article 28(1) of the Act on the Administrative Appeals and Protection of Personal Information and Protection of Personal Information and Protection of Personal Information and Protection of Personal Information and Protection of Personal Information and Protection of Personal Information and Protection of Personal Information and Protection of Personal Information and Social Information.

[Judgment of the court below] The facts that there was no dispute over the ground for recognition, Gap evidence 1, Eul evidence 1 through 12, the purport of whole pleadings

2. (i) Whether the instant disposition is legitimate, the Plaintiff confirmed that 4 persons on the day of the instant case were adults with their identification cards, but the remaining persons did not doubt their personal identification cards; however, the Plaintiff re-verification that she was a friendship and sold alcoholic beverages without any doubt as to other customers in the process of friending her, and considering the following as a whole: (a) the Plaintiff was operating a business by attaching a notice prohibiting minors from entering the instant business place and thoroughly confirming their personal identification cards; and (b) taking into account the economic difficult circumstances, the instant disposition ought to be revoked as it deviates from and abused discretionary authority.

According to Articles 44(2)4, 75(1)13, and 75(5) of the Food Sanitation Act, and Article 2 subparag. 1 of the Juvenile Protection Act, a food service business operator shall not provide alcoholic beverages to juveniles (under the age of 19) (Article 44(2)4 of the Food Sanitation Act), and (2) if he/she violates this, a business license shall be revoked or a business license shall be set for a period not exceeding six months in accordance with the standards prescribed by the Enforcement Rules of the Food Sanitation

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