1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff is operating a mutual general restaurant (hereinafter “instant restaurant”) with the trade name “D” in the area B and 1st C of Seongbuk-gu, Sungnam-si.

B. At around 04:30 on June 23, 2019, the Defendant issued a disposition imposing a penalty surcharge of KRW 33.6 million on the Plaintiff on September 2, 2019 (hereinafter “instant disposition”) on the ground that “E, an employee of the instant restaurant, did not verify one identification card among five juveniles present on the table within the instant restaurant, and sold to him/her with beer 1 disease and beer 2 disease.”

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1, 2, 3, 6 evidence, Eul's 1 to 7, or the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion refers to the proviso to Article 75(1) of the Food Sanitation Act, which is amended, as the juveniles in the restaurant of this case deceiving the Plaintiff’s employees by forging or altering the identification card.

In light of the fact that the administrative disposition against the plaintiff may be exempted according to the fact that the above youth was in possession of an adult identification card and appears to be an adult, it is difficult to see that the plaintiff's employee was aware that he intentionally and provided alcoholic beverages to him, and that he was subject to the disposition of suspension of indictment from the prosecutor's office, transfer of alcoholic beverages provided to him, and that the plaintiff did not have any history of criminal punishment or administrative disposition for the same reason as in this case, and that the plaintiff provided thorough education for his employees to prevent the plaintiff from providing alcoholic beverages to juveniles, the disposition in this case should be revoked because it is too excessive and abuse of discretion.

(b) The attached Form of relevant statutes is as follows.

C. The issue of whether a punitive administrative disposition exceeds or abused the scope of discretion by social norms is relevant to the act of disposal as the grounds for the disposition.