과징금부과처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Details of the disposition
A. The Plaintiff is a company established on October 18, 2016 and engaged in food export and import business, etc.
Pursuant to Article 40(1) of the Special Act on Imported Food Safety Control (hereinafter “Import Food Safety Control Act”), Article 14(1) of the former Enforcement Decree of the Special Act on Imported Food Safety Control (amended by Presidential Decree No. 29763, May 14, 2019; hereinafter “former Enforcement Decree of the Imported Food Act”), the Defendant is delegated by administrative agencies with the authority to issue business suspension orders, to collect penalty surcharges, etc.
B. On March 25, 2019, the Plaintiff imported food C (food type: cand, hereinafter “instant food”) which is “China” and the manufacturer “B” (hereinafter “instant company”). The Plaintiff imported 4,553 km.
In accordance with Article 27 (1) 10 of the former Enforcement Rule of the Special Act on Imported Food Safety Control (amended by Ordinance of the Prime Minister No. 1535, Apr. 25, 2019; hereinafter “former Enforcement Rule of the Food Act”), the instant food contains diesel nicotine derived from “BS”, which is anti-pets, it is necessary to submit a certificate of animal sanitation related to the ESE.
C. On March 25, 2019, when the Plaintiff filed an import declaration on the instant food pursuant to Article 20(1) of the Imported Food Act, the Plaintiff attached a forged livestock sanitary certificate issued by the Chinese Quarantine Department (hereinafter “instant certificate”) on March 15, 2019.
The inspector of the Korea Food and Drug Agency of Incheon Food and Drug Administration (hereinafter referred to as the "department in charge") who is the quarantine department in charge confirms that the certificate of this case was forged during the inspection process and notifies the defendant thereof.
The Defendant on the ground that “the Plaintiff submitted the instant certificate, which is a false Chinese government certificate upon filing an import declaration of the instant food on March 25, 2019.” Articles 20(2)1 and 29(1)5 of the Imported Food Act.