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(영문) 서울행정법원 2015.07.17 2015구단9073
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 operating a general restaurant “C” (hereinafter “instant restaurant”) in Gwanak-gu in Seoul Special Metropolitan City.

At around 04:10 on August 16, 2014, the Plaintiff’s mother, on behalf of the Plaintiff, sold a liquor-one disease to E without verifying the age of E (the age of 18,000) which is a juvenile, while running the instant restaurant business on behalf of the Plaintiff.

Accordingly, on January 15, 2015, the Defendant rendered a disposition of business suspension of one month (from February 16, 2015 to March 17, 2015) against the Plaintiff.

(hereinafter “original disposition”). On February 6, 2015, the Plaintiff filed an administrative appeal against the original disposition with the Seoul Special Metropolitan City Administrative Appeals Commission, and was subject to a stay of execution around that time, but the administrative appeal was dismissed on June 1, 2015.

Accordingly, on June 24, 2015, the Defendant changed the period of business suspension of the original disposition to July 10, 2015 or to August 8, 2015, and notified the Plaintiff.

(hereinafter referred to as the above, the original disposition whose period has been modified (hereinafter referred to as “instant disposition”). [Grounds for recognition] without dispute, Gap evidence Nos. 1-3, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering the fact that the Plaintiff’s husband and wife, who had been up until the time when the Plaintiff’s husband and wife claimed, left the restaurant of this case to D, the above violation was committed, and D was found to have been committed, and that the Plaintiff’s husband and wife conducted an identification card for the same guest as E at the time, and there was only four months of age and four months of age, and the cremation was serious and mature appearance, and thus could have been mistaken for adults, and the restaurant could not thoroughly conduct an identification card inspection at the place where the Plaintiff and the Plaintiff’s family are ice and ices, and the suspension of business for one month, etc., the instant disposition is too harsh and unlawful.

(b) sanctions against violations of the administrative laws and regulations are based on the objective facts of violations of the administrative laws and regulations in order to achieve administrative objectives.

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