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(영문) 인천지방법원 2017.09.07 2017구합50243

영업허가처분 취소청구의 소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. From August 2015, the Plaintiff received a disposition of business suspension for 15 days from the Defendant (the period: November 15, 2016 to November 29, 2016) on November 14, 2016 on the ground that he/she completed a report on the instant meat sales and processing business from the co-pointner of the fixed meat store in Kimpo-si building (hereinafter “the instant marina”).

B. After that, the cocoon in the instant marina building changed to the coponer of fishery products, and the part that was the coponer of the existing fishery products changed to the coponer of static meat. On November 16, 2016, B filed a report on instant meat sales and processing business with the Defendant on November 16, 2016.

[Ground of recognition] Facts without dispute, Gap 1-2, Eul 1, the purport of the whole pleadings

2. Whether the lawsuit in this case is legitimate: The same person (in cases of a corporation, including its representative) before two years have passed since the amendment by Act No. 10310 on May 25, 2010, in the following cases (Article 24(3) of the Livestock Products Sanitary Control Act) of the Act on the Acceptance and Disposal of Business Reports on the Defendant’s Business Reports on the Defendant’s Business Reports on the Defendant’s Ex officio:

(3) A person in whose case the period of suspension of business has not elapsed since he/she was subject to the disposition of suspension of business pursuant to Article 27 (1).

)in the case of operating the same kind of business as the suspended one, a report of that business.