영업정지 3개월 처분 취소 청구
1. The Defendant’s disposition of business suspension against the Plaintiff on March 5, 2015 is revoked for three months.
2. The costs of the lawsuit are assessed against the defendant.
Details of the disposition
The plaintiff is a corporation that produces and sells organic fertilizers, such as compost of livestock, etc., in 53-69, Sinnam-si, Sinnam-gun, Youngnam-gun, Sinnam-gun, after completing the registration of fertilizer production business.
On January 14, 2015, the Defendant visited the Plaintiff, and requested the president of the Foundation for Agricultural Technology Commercialization to analyze its ingredients by collecting samples from six spawn among the livestock manure produced on January 12, 2015 (hereinafter “eatch”). On January 29, 2015, the Defendant sent the Defendant’s reply to the effect that the said spawn content of the said samples is 3.01%.
On March 5, 2015, the Defendant issued a disposition of business suspension against the Plaintiff (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff violated Article 20(1)7 of the Fertilizer Control Act, on the grounds that the salt content of the compost in this case exceeds 3.0%, and that the Plaintiff violated Article 20(1)7 of the Fertilizer Control Act (hereinafter referred to as “instant disposition”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 4 (including each number), the plaintiff's assertion of the whole purport of pleading, and the plaintiff's assertion of relevant Acts and subordinate statutes should be revoked for the following reasons.
Article 20(1)7 of the Fertilizer Control Act provides that where a fertilizer is produced, sold, distributed, or supplied free of charge below the certified component quantity indicated pursuant to Article 14(1) of the Fertilizer Control Act, it shall be ordered to suspend the business for a specified period not exceeding three months. Article 2(4) of the Fertilizer Control Act provides that a fertilizer business operator shall indicate the minimum amount of the principal component containing the fertilizer in the percentage of percentage with respect to the fertilizer produced, imported, or sold by the fertilizer business operator. Article 4 of the same Act provides that the minimum amount of the principal component containing the fertilizer shall be expressed in the percentage of percentage.