영업정지처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B’s violation 1) B’s business location is the name of the Busan Metropolitan City North-gu C and the name of the business place in Busan-gu C and the name of the business place in B as “D”. The Plaintiff, the wife in B, as the Defendant, reported the business location to the Defendant as “F” and sold kimchi, etc. (hereinafter “Plaintiff’s business location”).
(2) From around 2012, B leased the Gangseo-gu Busan Building (hereinafter “instant building”) and manufactured and processed kimchi, etc. (hereinafter “instant food”) at the same time.
However, as above, B did not register food manufacturing and processing business with the competent authority while manufacturing and processing the instant food in the instant building.
On the other hand, the Plaintiff brought the instant food from B to the store of this case and sold it to consumers (hereinafter the instant violation).
B. On June 28, 2018, the Defendant purchased a factory site of 798 square meters and newly constructed a food factory for the purpose of establishing a factory to conduct food manufacturing and processing business on July 31, 2015, on the ground that the Plaintiff committed the instant violation, and accordingly, ordered the suspension of business (two months) and the disposal of the relevant products pursuant to Articles 75(1)1, 72(1)1, and 4 subparag. 7 of the Food Sanitation Act. (2) The Plaintiff filed an administrative appeal against the business suspension portion during the instant disposition, and filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission. (3) On July 24, 2018, the said commission changed the period of suspension of business to 15 days on the ground that the Plaintiff was excessive, considering the economic damage, etc. that the Plaintiff and his employees would incur from the instant disposition.
(hereinafter referred to as the above, the disposition of this case, including the disposition of suspension of business for which the period has been reduced and the disposition of destruction of the pertinent product, shall be recorded as follows: 【Ground for recognition ] without dispute; 6-5, 1-2 and 13-2, respectively.