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(영문) 수원지방법원 2018.11.08 2018구합65164
영업소폐쇄처분 취소
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. On May 2008, the Plaintiff is a person who, after reporting the business of food service business (type of business: general restaurants), operates a restaurant with the trade name of “C” in “C” (hereinafter “instant restaurant”).

B. On March 27, 2018, the Defendant confirmed on April 6, 2018, that the groundwater used by the restaurant of this case was judged inappropriate due to the discovery of gross fung-gun, fungwon fung-gun, and the detection of fungwon fung-gun, and the detection of fungic acids exceeding the standard values of nitrogen fung-gun.

C. Around April 9, 2018, a public official affiliated with the Defendant notified the Plaintiff of the result of the water quality testing by wire, and visited the instant restaurant on April 10, 2018, following that date. Around 15:00, the Plaintiff discovered that groundwater was being used at the snow station.

On May 11, 2018, the Defendant issued a disposition to close the instant restaurant (the closing date: June 29, 2018) on the ground that the Defendant continued to use the water determined as inappropriate and violated Article 44 of the Food Sanitation Act by continuously using the water determined as inappropriate.

E. On August 13, 2018, the Plaintiff filed an administrative appeal seeking revocation of the said disposition with the Gyeonggi-do Administrative Appeals Commission, which was dissatisfied with the said disposition, and the said commission rendered a ruling changing the said disposition to the disposition of business suspension for three months.

F. On September 11, 2018, the Defendant notified the Plaintiff of the fact that the disposition for the closure of the original place of business was changed to the business suspension (from October 12, 2018 to January 9, 2019) for three months.

(hereinafter referred to as “instant disposition” in May 11, 2018, which was mitigated due to the suspension of business for three months,

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is unlawful for the following reasons.

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