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(영문) 서울행정법원 2019.05.30 2018구합64153

인증기관 지정취소 취소 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, pursuant to the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Food, Etc. (hereinafter “Environmental-Friendly Agriculture and Fisheries Act”), was designated as an accrediting agency for certification of organic agricultural products, organic processed food products, and unregistered agricultural products (term of validity: from March 28, 2017 to March 27, 202).

B. On May 2, 2018, the Defendant issued a disposition revoking the designation of an accrediting institution (hereinafter “instant disposition”) pursuant to Articles 29 and 35 of the Environment-Friendly Agriculture and Fisheries Act and Article 35 [Attachment 10] of the Enforcement Rule of the same Act against the Plaintiff on the following grounds:

① On June 9, 2017, upon receipt of an application for modification of certification filed by a certified business entity for the certification of “violation of the certification examination procedure,” the Plaintiff certified an application for modification of certification to an organic processed food (c) by changing the raw materials of “D to an organic processed food (c) certified in the Avian cacacacaca and sacacacaca (cacacacaca), without conducting on-site inspection.

In particular, upon examining the process of certification B, “D” was included in the certification item at the time of certification of processed organic food as of November 12, 2015 in B, but was excluded from the time of renewal of certification as of October 11, 2016, and it was again included in the certification item as a new product at the time of applying for alteration of certification as of June 9, 2017, and it was necessary to conduct on-site inspection, such as confirmation of organic ingredients, but the omission was in violation of the certification procedure due to gross negligence.

(2) The scope of certification of an accrediting agency’s violation of the standards for the designation of certifying agency is limited to certification of a producer and a person who produces and handles unregistered agricultural products in the Republic of Korea. However, on August 22, 2017, the Plaintiff encompasss two kinds of coffee farm business entities located in Edipia on August 22, 2017.