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(영문) 부산지방법원 2019.04.04 2018구합22341

수입식품등 부적합 및 영업자교육명령 등 ?

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff entered into a contract with Vietnamese Company B (B, hereinafter referred to as “VE local company”) to import freezing swelve swelve swelve swelve swelve swelve swelve swelve swelve swelve swelves (PHIT swelves).

The Plaintiff imported freezing 650 km from a local company Vietnam (hereinafter “instant freezing”). On March 30, 2018, the Freezing of this case entered the Republic of Korea, and stored C Co. 2 in the secondary factory.

On April 2, 2018, pursuant to Article 20 of the Special Act on Imported Food Safety Control (hereinafter “Import Food Safety Control Act”), the Plaintiff filed an import declaration on the frozen wn wn of this case with the Defendant. The Defendant’s sample inspection on the said frozen wn wn wn wn wn, which was a harmful chemical prohibited from being used for food, was determined to be inappropriate.

On April 9, 2018, pursuant to Articles 20 and 26 of the Imported Food Act and Article 34 of the Enforcement Rule of the same Act, the Defendant notified the Plaintiff of measures, such as an inappropriate food, etc., and an order for education of business operators, on the ground that the Z was detected in the freezing sn of the instant case.

(2) The Plaintiff’s disposition of this case as to whether the disposition of this case is legitimate or not is unlawful for the following reasons. (hereinafter “instant disposition”) . [Grounds for recognition] without dispute, entry of Gap 1, 2, and Eul 1, and the purport of the entire pleading, and the Plaintiff’s disposition of this case should be revoked as it is unlawful.

The Defendant did not provide the Plaintiff with prior notice and opportunity to present his opinion in accordance with Article 21 of the Administrative Procedures Act regarding the instant disposition, and did not notify the Plaintiff of whether an administrative appeal and administrative litigation are filed in accordance with Article 26 of the Administrative Procedures Act.

As a result, AOZ was not detected in the process of importing the freezing of this case through the local company of Vietnam on three occasions, and the quarantine certificate of the Vietnam Agriculture and Fisheries Quality Management Bureau was issued.