영업정지처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. From around 2014, the Plaintiff imported and sold the main body and container (main body part) from China, and sold them after assembling.
B. The Defendant, on the containers and packages of the instant product, indicated the name of the product as “B”, “C”, “hyju”, and “hyjus function” on the hurbber, and advertised that “the instant product is exported to eight countries in the world,” on the website, deeming that the foregoing labeling and advertising is different from facts or exaggerated labeling and advertising or labeling and advertising likely to mislead, mislead, or confuse consumers, and based on the respective statements in the evidence No. 13(1)2 and No. 3-2, and No. 13(1)3 of the Food Sanitation Act on November 14, 2017, the Defendant indicated that “Article 13(1)3 and 3 of the Food Sanitation Act” as the grounds for the instant disposition, but this appears to be erroneous in the misunderstanding of Article 13(1)2 and No. 3 of the Food Sanitation Act.
Based on Article 8(1) of the Enforcement Rule of the Food Sanitation Act, Article 29 of the Special Act on Imported Food Safety Control, etc., seven days of business suspension were imposed on the Plaintiff.
hereinafter referred to as "disposition of this case"
(ii) [based for recognition] unsatisfy, Gap evidence 1 and 2 (if available, including branch numbers; hereinafter the same shall apply);
each entry, the purport of the whole pleading
2. The reasons for this part of the relevant statutes are as stated in the part of the '2. related statutes of the court of first instance', and thus, they are quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
3. Whether the instant disposition is lawful
A. The part on the indication and advertisement of the 1st juice, juice, and juice’s blood function is indicated in this part as to the existence of the grounds for the disposition, and the reasons for this Court are from 2nd 18th juice, except for the parts added or used as follows: