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(영문) 창원지방법원 2017.09.19 2017구합20

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that engages in other food sales business at 85 on the west-si coast of Tong Young-si.

B. On December 4, 2015, the Defendant imposed a penalty surcharge of KRW 3,720,000 in lieu of three days of business suspension on the ground that the Plaintiff displayed and sold products with the expiration of the distribution period on July 8, 2015 (i.e., “hingcho-connection”, and the distribution period: July 7, 2015).

C. On October 19, 2016, the Defendant: (a) on August 30, 2016, on the ground that the Plaintiff displayed or stored the products, the distribution period of which has expired at the Plaintiff’s place of business (hereinafter “Nabin Area 4 x 2, and the distribution period: August 20, 2016; hereinafter “instant products”) at the Plaintiff’s place of business, the Defendant issued a disposition of business suspension of 15 days.

On October 26, 2016, the Plaintiff filed an administrative appeal seeking revocation of the disposition of the business suspension. On November 30, 2016, the Gyeongnam-do Administrative Appeals Commission made a decision to change the amount equivalent to one day of the business suspension as KRW 1,240,000, total amount of KRW 8,680,000 (the above 1,240,000,000 x seven days of the business suspension) to the penalty surcharge under Article 53 and [Attachment Table 1] of the Enforcement Decree of the Food Sanitation Act, while the Gyeongnam-do Administrative Appeals Commission substituted the above business suspension on November 30, 2016.

E. On December 15, 2016, the Defendant imposed a penalty surcharge of KRW 8,680,000 on the Plaintiff according to the purport of the said ruling.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] The entry in Gap’s Evidence Nos. 1, 3, 4, 8, 12, and 13 and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The assertion and judgment

A. The Plaintiff asserted 1 had the expiration date of the distribution of the instant product 5 days in the process of examining the acquisition by transfer from A company, and discovered water in the instant product.

Accordingly, in order to return the product of this case, the Plaintiff was exposed when moving the product of this case to Korea from the display stand.