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(영문) 부산지방법원 2019.09.18 2019구단617
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 November 15, 2017, the Plaintiff operated a general restaurant of “C” (hereinafter “instant restaurant”) at the Busan Shipping Daegu B and the second floor.

B. From September 8, 2018 to October 21, 2018, the Plaintiff sold alcoholic beverages to juveniles on three occasions without verifying identification cards at the instant establishment, as follows (hereinafter “instant violation”).

The competent police station has notified the defendant of the following detection details:

① On September 8, 2018, around 23:41, around 17, 2018, the sales of alcoholic beverages, including small-scale 3 illness in an amount equivalent to 35,000 won for juveniles aged 17, ② on September 25, 2018, sales to three juveniles aged 18, including small-scale 1 disease, beer, and beer, three alcoholic beverages equivalent to 50,000 won, including small-scale 1 disease, beer, and beer, etc. (3) around 20:0 on October 21, 2018; however, according to the evidence No. 2-3 of the evidence No. 2 of the evidence No. 12, it is clear that the entry of the evidence No. 12 is the entry of “Juvenile D(19 years old)” to three juveniles aged 18.

Sale to two persons, such as small-scale one disease, kimchi, one chil, two drinking water, etc. of 28,500 won, etc.

C. On December 24, 2018, the Defendant issued a disposition for the suspension of business for six months due to the instant violation from January 10, 2019 to July 8, 2019 (hereinafter “instant original disposition”). D.

On January 7, 2019, the Plaintiff filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission.

On January 10, 2019, Busan Metropolitan City Administrative Appeals Commission rendered a decision to suspend the execution of the original disposition of this case until the administrative appeal is rendered."

The plaintiff's above claim was dismissed on February 25, 2019, and on March 13, 2019, the above dismissal decision reached the plaintiff.

E. After the above ruling, the Defendant changed the original disposition on March 15, 2019, and issued a disposition of suspension of business (hereinafter “instant disposition”) for a fixed period from April 1, 2019 to September 27, 2019.

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