영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff completed a report on food service facility business from April 15, 2008, and is a company that supplies food materials to the meal service facilities of an elementary, middle, and high school located in Incheon in Nam-gu.
B. On March 26, 2015, the Plaintiff: (a) controlled five spams (29 days elapsed and distribution period February 25, 2015), three spams (7 days elapsed and distribution period March 19, 2015), and three spams (7 days elapsed and March 19, 2015) in which distribution period has elapsed; and (b) notified the Defendant of the result.
(hereinafter, 5 Jams and 3 Jams of gams of this case (hereinafter “instant products”).
On May 1, 2015, the Defendant issued a disposition of business suspension 15 days (from May 18, 2015 to June 1, 2015) on the ground that the Plaintiff stored the Plaintiff in order to sell products, the expiration of the distribution period, in violation of Article 44(1) of the Food Sanitation Act.
The Plaintiff was dissatisfied with the disposition of the business suspension 15 days and filed an administrative appeal with the Incheon Metropolitan City Administrative Appeals Commission, but was ruled dismissed on June 29, 2015.
E. On July 7, 2015, the Defendant changed the period of business suspension from July 22, 2015 to August 5, 2015, and again issued a disposition of business suspension (hereinafter “instant disposition”) to the Plaintiff on July 7, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 8 (including branch numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion (1) The non-existence of the grounds for disposition is that the instant product was stored in the storage room of a food warehouse for classification before the Plaintiff moves to the storage room for return after supply to the remaining product after supply to the school, and is not stored for sale purposes.
(2) At the time of the instant regulation, Incheon Southern District Office of Education C omitted the process of inspecting documents, etc.