과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is operating a general restaurant (hereinafter “instant restaurant”) in the name of “C” on the second and second floors in Jeju City.
B. At around 19:00 on May 16, 2017, nine daily activities, which had been travelling in Seoul, taken a rhythrh test in the restaurant of this case, sealed the remaining rhyth and returned to the house, and at around 21:00, eight of the aforesaid nine persons taken in the house. From around 23:00 to 03:30 on the following day, there was a symptoms of food poisoning, such as cartotos, snowtos, etc. (hereinafter “instant food poisoning”).
C. On May 17, 2017, at around 11:19, the Defendant received a report on the occurrence of food poisoning-related patients from a hospital that provided an emergency medical examination and treatment for four persons with symptoms of food poisoning as seen above. In order to investigate the causes of food poisoning pursuant to Article 86 (Investigation and Report on Food Poisoning) of the Food Sanitation Act, the Defendant, along with the Jeju Public Health Center, removed or collected tools, drinking water, patients, and their employees used in the instant restaurant, including knife and Doma, and requested the Health and Environment Research Institute to conduct an examination.
As a result, only one person (E) among cooking workers and two patients suffering from food poisoning of this case were detected in drinking water, raw knife, knife, knife, etc. of the restaurant of this case. However, the same ePEC register (EPEC) was detected.
Based on this, Jeju Public Health Center prepared an epidemiological investigation report which considers presumed infection sources as persons engaged in the cooking of the instant restaurant on the ground of the “scarcity-Gu lecture path in the case of the pathogenic germs, that people can spread among themselves, and that patients (E) and patients are detected with the same blood-type pathogenic germs,” and submitted it to the Jeju Public Health Center on June 14, 2017.
Accordingly, the defendant shall submit his opinion to the plaintiff, and on July 27, 2017, Article 4 of the Food Sanitation Act (Prohibition of Sale of Harmful Foods, etc.) is applied to the plaintiff.