영업정지처분 등 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 17, 2017, the Plaintiff filed an import declaration with the Administrator of the Korea Food and Drug Administration (hereinafter “the Administrator of the Korea Food and Drug Administration”) on the “PRESIDEBE,” a type of imported livestock products, 19.2kg (hereinafter “instant products”).
B. After that, the instant product was selected as the subject of random sample inspection at the Gan Food and Drug Inspection Station in Gwangju Food and Drug Administration. As a result of the inspection, the instant product was judged inappropriate on August 25, 2017 on the ground that it exceeded the maximum number of books per books, which was notified to the Plaintiff on August 28, 2017.
C. Meanwhile, the Plaintiff was above.
On August 22, 2017, when the inspection as described in the port was underway, some of the instant products (2.4km = 200 g per unit x 12) were released from the Plaintiff’s bonded warehouse and sold. As such, upon being judged inappropriate, some of the products sold (1.2 g = 200 g per unit x 6) were recovered (1.2 g x 1.2 g) and disposed of the remainder which was kept in the Plaintiff’s bonded warehouse.
On February 21, 2018, the Defendant imported and sold the instant product to the Plaintiff without filing an import declaration under Article 20(1) of the Special Act on Imported Food Safety Control (hereinafter referred to as the “Import Food Act”), which is an imported food (import livestock products) under the jurisdiction of the Plaintiff, in violation of the standards and specifications under Article 4 of the Food Products Sanitary Control Act.
(Violation of Standards for Livestock Products) pursuant to Article 29(1)5 and 10 of the Imported Food Act, Article 20(1) of the Livestock Products Sanitary Control Act, Article 4(5) and (6) and Article 33(1)5 of the Livestock Products Sanitary Control Act, two months of business suspension and two months of business suspension (from March 7, 2018 to May 7, 2018), and (2) pursuant to Article 29(1)5 of the Imported Food Act, a person who imports and sells the instant product, which is an imported food, without filing an import declaration thereon, and is subject to a disposition of business suspension for at least two months.