영업정지처분취소
1. 24 days (period: from March 4, 2019 to March 27, 2019) of business suspension imposed on the Plaintiff on November 30, 2018 by the Defendant.
1. Details of the disposition;
A. The Plaintiff operates a food manufacturing and processing business as a corporation established for the purpose of developing and selling new varieties of plants.
B. On November 5, 2018, the Defendant issued an order to suspend business operations 24 days (24 days from December 12, 2018 to January 4, 2019) on the ground that the Plaintiff violated the former Food Sanitation Act (amended by Act No. 15943, Dec. 11, 2018; hereinafter “former Food Sanitation Act”) upon the Plaintiff’s investigation conducted jointly with the Assistance of the Anti-Corruption and Civil Rights Commission and the National Agricultural Products Quality Management Service (hereinafter “instant investigation”).
Violation of the code of practice by a business operator, etc. of reasons for disposition - Storage of place of production and work - Storage of unused materials - Storage of goods after expiration of the distribution period (fluor organic farming stock), legal basis for storage of goods (fluor organic farming stock), Articles 44(1) and 75 of the former Food Sanitation Act, and Article 89 [Attachment 23]
Ⅰ. General Standards
1. Where at least two violations have been discovered and a violation falls under any of the following items, a disposition shall be taken by adding one half of the period of the most severe suspension to the rest of the respective suspension period:
Cases falling under business suspension only;
Ⅱ Individual Standards
1. First violation of subparagraph 11 (a) (A), such as food manufacturing and processing business, etc.: 15 days of business suspension: 5 days of business suspension;
C. Accordingly, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Chungcheongbuk-do Administrative Appeals Commission on December 10, 2018, but the Chungcheongbuk-do Administrative Appeals Commission dismissed the Plaintiff’s claim on January 28, 2019.
On February 20, 2019, the Defendant notified the Plaintiff of the commencement and completion date of the instant disposition (from March 4, 2019 to March 27, 2019) in accordance with the above ruling of the Chungcheongbuk-do Administrative Appeals Commission.