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(영문) 부산지방법원 2017.08.30 2016구단982
식품위생법위반업소행정처분취소
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. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) with the trade name of “C” in the Yeongdeungpo-gu Busan Metropolitan City.

B. On June 14, 2016, the Defendant rendered a disposition of business suspension for two months pursuant to Articles 75 and 44(2) of the Food Sanitation Act and Article 89 of the Enforcement Rule of the Food Sanitation Act on the ground that the Defendant provided alcoholic beverages to juveniles at the instant restaurant on March 5, 2016.

(hereinafter referred to as “the first disposition”). (c)

On July 26, 2016, the Busan Metropolitan City Administrative Appeals Commission filed an administrative appeal, and rendered a ruling to reduce the initial disposition by one month of the suspension of business.

(hereinafter referred to as “instant disposition”), which was reduced on June 14, 2016 by a ruling on administrative appeal, to suspend business operations by a ruling on administrative appeal (hereinafter referred to as “the instant disposition”). [Grounds for recognition]: (a) there is no dispute; (b) entry of Gap’s 1 through 3, 5, 6, 7; and Eul’s 1 through 5, 7, 9, 10; and (c) the purport of all pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff did not existed in the instant restaurant at the time, and at the time, the employees D of the instant restaurant would be deemed to have used an altered and modified identification card as they provided an alcoholic beverage after confirming the identity card, and the Plaintiff and employees suffered significant damage due to the failure of the customers at the time. If the instant disposition was discontinued, the Plaintiff’s economic difficulties will be faced and the livelihood of the Plaintiff, their families, and their employees would be threatened. In light of the above, the instant disposition was not deemed to have been unlawful or to have abused the discretionary power.

B. If an employee of a food service business operator provides alcoholic beverages to juveniles, the act is entirely unrelated to the business activities of the food service business operator.

(2) the Corporation; or (3) on such basis.

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