업무정지처분취소
1. The Defendant’s disposition of suspending the sales of all products issued to the Plaintiff on February 21, 2017 is revoked for six months.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is a corporation that runs the business of importing and selling cosmetics, and is a manufacturer-seller under the Cosmetics Act.
The representative director of the plaintiff is B, and the office of the plaintiff is located in Gangnam-gu Seoul Metropolitan Government C building and 501 from July 5, 2014.
B. Two products, including 'D' and 'E', which are cosmetics imported and sold by the Plaintiff and distributed by the Plaintiff (hereinafter the “instant products”), contain the mixture of Mellllyl (i.e., Melurnisium, Melurnisium and Melurnisium).
C. On September 9, 2016, the Defendant issued an order to the Plaintiff on the ground that “The Plaintiff imported the instant product several times from August 24, 2015 to August 6, 2016, and prepared a collection plan to the effect that “the Defendant issued an order to suspend the sale and recall of the instant product pursuant to Articles 5-2 and 23 of the Cosmetics Act, and prepared a collection plan to the effect that “the Defendant issued an order to the Defendant to remove the instant product to the Defendant by September 19, 2016, on the grounds that the instant product, which was sold and distributed after being used in the relevant provisions, such as the Cosmetics Act, was in a cleaning manner, and that the mixture of merl, strokei and merl, which is an unused raw material, was not included in the mixture of the instant product.”
(hereinafter “instant order”) D.
The Defendant, on February 21, 2017, submitted a recovery plan under the instant order to the Plaintiff by September 19, 2016, on the ground that the Plaintiff did not submit it by September 19, 2016, Articles 23(1) (latter part), 24(1) (main sentence) and 13-2 of the Cosmetics Act, Article 14-3 and 29(1) [Attached Table 7] of the former Enforcement Rule of the Cosmetics Act (amended by Ordinance of the Prime Minister No. 1357, Jan. 12, 2017; hereinafter “former Enforcement Rule of the Cosmetics Act”)
2. A disposition of six months (from March 27, 2017 to September 26, 2017) of the suspension of the sales of all items was issued in accordance with individual standards item (r).
(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, Gap evidence Nos. 3, 6, and 2.