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(영문) 서울중앙지방법원 2019.07.25 2019가합514530

손해배상(국)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Common factual relations;

A. (1) The Plaintiff, in operating an environment-friendly spawning farm in the name of “F” in Simsan City E (hereinafter “instant mountain farm”), produced and sold Hens’ eggs certified as non-product-free livestock products pursuant to the Environment-Friendly Agriculture and Fisheries Promotion Act and the Act on the Management and Support of Organic Food, Etc. (hereinafter “Environmental-Friendly Agriculture and Fisheries Act”).

(2) Defendant B’s incorporated association (hereinafter “Defendant B”) is a corporation whose main business is the certification of organic agricultural and fishery products, organic livestock products, pesticide-free agricultural products, and antibiotic-free livestock products as the certification body designated pursuant to the Environment-Friendly Agriculture and Fisheries Act, and C (hereinafter “C”) which is a litigation taking over the lawsuit is a corporation that comprehensively succeeds to the rights and obligations regarding the certification of organic agricultural and fishery products, etc. in accordance with the relevant statutes, such as Article 33 of the Environment-Friendly Agriculture and Fisheries Act, to the National Agricultural Products Quality Control Service on January 7, 2019.

(3) Defendant D is a public official in charge of environment-friendly livestock and animal disease control belonging to Defendant Gyeongsan-si.

B. (1) On August 14, 2017, the Ministry of Agriculture, Food and Rural Affairs: (a) discovered toxic insects and pentines in the course of residual pesticide inspection on an environmentally friendly mountain village farm; (b) suspended shipment of Hensns to all commercial farms that raise a mountain village of at least 3,000 mari from August 15, 2017; and (c) carried out a survey of insect ingredients in cooperation with local governments after suspending shipment of hensns to all commercial farms that raise a mountain village of at least 3,000 mari.

For the aforementioned initiation, the public officials in charge of Defendant Gyeongsan-si and the National Agricultural Products Quality Management Service visited the instant fraternity around August 15, 2017 and collected Hens' eggs for the purpose of inspection from August 21, 2017, and from August 21, 2017 to August 22, 2017 at the Livestock Sanitation Laboratory.