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(영문) 대구지방법원 2015.06.12 2015고정427

식물방역법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who imports and sells agricultural products while operating Defendant B, and Defendant B is a company that imports and sells agricultural products.

A person who imports an article subject to phytosanitary measures shall report it to the head of the competent phytosanitary agency without delay at the port of entry.

The term "vegetable quarantine certificate" for an article subject to phytosanitary measures means a phytosanitary certificate issued by the central or federal government of the exporting country (including local governments delegated by the federal government with the authority to carry out phytosanitary measures) and the importer must submit the phytosanitary certificate issued normally by the other country's phytosanitary agency to the phytosanitary port of entry.

1. Defendant A is the actual owner of the freezing 120,000 g (6,000 gg) imported from China in the name of the Dispute Resolution Co., Ltd. on January 25, 2014.

Defendant

On January 28, 2014, A introduced an import declaration of goods subject to phytosanitary measures and an application for quarantine (quarantine declaration number: 30-1401541) to the competent quarantine headquarters on January 29, 2014.

On February 4, 2014, the Ministry of Agriculture and Forestry sent a business trip to the above G G G G warehouse to conduct on-site quarantine of freezing plants, and as a result, the country's success in the inspection was suspended due to the failure to supplement the phytosanitary certificate of the exporting country although the disease and insect was not found.

On February 12, 2014, the Agricultural and Forestry Quarantine Headquarters issued a letter to urge Defendant A to supplement by February 20, 2014, because the phytosanitary certificate of the exporting country against this dry freezing was not supplemented.

Defendant

On February 20, 2014, A submitted a request for extension of the period for correction of a phytosanitary certificate of an exporting country and approved the extension of the period for supplementation to the Young-gu Regional Headquarters of the Agricultural and Livestock Quarantine Headquarters by March 19, 2014.

After that, Defendant A, who is an import-oriented owner, shall be the exporting country of this case on February 24, 2014.