1. On June 12, 2017, the Defendant imposed a penalty surcharge of KRW 500,000 on the Plaintiff in lieu of the business suspension 10 days.

1. Details of the disposition;

A. The Plaintiff is operating a singing practice room in Gyeyang-gu Incheon Metropolitan City with the trade name of “C karaoke machine business” (hereinafter “instant business”).

B. On June 12, 2017, the Defendant issued a disposition of imposition of a penalty surcharge of KRW 500,000 in lieu of the business suspension 10 days (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff, at around 15:00 on May 3, 2017, at the 102 room of the instant business, 4 juveniles were to be engaged in with beer, and 1:2 of the instant business.”

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 to 3 evidence (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful.

A. The Plaintiff’s alleged juveniles stated that they were breath by drinking alcohol in the instant business establishment, and there is no evidence to deem that they did not fulfill their duty of care, and thus, the instant disposition made on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. As a matter of principle, the legality of an influent administrative act, such as the suspension of business, etc., is alleged to the disposition agency. The following circumstances, which can be acknowledged by adding the purport of the argument in the foregoing evidence, namely, (i) juveniles, at around 15:00 on May 3, 2017, stated that they were influence at the time of entering the instant establishment; (ii) under CCTV images, juveniles did not have any special circumstances to suspect that they had alcoholic beverages when entering the instant establishment; and (iii) juveniles were influence at the instant establishment; and (iv) juveniles were influencesing approximately two hours of singing at the instant establishment; and (v) during that process, juveniles were influenting alcoholic beverages.

There is no evidence to prove that there was a circumstance to suspect such a situation, and ④ the juveniles are forced to do so.