영업정지처분취소
1. The Defendant’s disposition of business suspension for 45 days against the Plaintiff on July 29, 2014 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff is a legal entity that operates meat sales business in Seongdong-gu Seoul Metropolitan Government Maro 44-gil 3 and 1 (Maro-dong), and the Defendant is an administrative agency that has the authority to guide and supervise the Plaintiff’s business based on the Livestock Products Sanitation Act.
B. On April 30, 2014, employees of the Korea Food and Drug Safety Promotion Group conducted field inspection on the Plaintiff’s workplace. As a result, the Plaintiff found that the Plaintiff’s livestock products were sold with labels indicating “as of May 29, 2014”, “type of livestock products: packaged meat” (hereinafter “instant labels”) and attached the livestock products with such labels, and “the date of the manufacturer of the livestock products supplied by the Plaintiff from A was April 29, 2014; despite that the circulation period was 14 days from the date of production, the Plaintiff made a false indication on livestock products by attaching labels modified by May 29, 2014 to the Plaintiff’s workplace, and the Plaintiff, despite being an meat seller, notified the Defendant of the issuance of the labels as the type of “livestock products” without obtaining permission from the Defendant.
C. On July 29, 2014, the Defendant issued an administrative disposition of business suspension against the Plaintiff on July 29, 2014 after giving the Plaintiff an opportunity to present his/her opinion in accordance with the above notification.
(hereinafter “instant disposition”) D.
The Plaintiff, who is dissatisfied with the instant disposition, filed the instant lawsuit on July 31, 2014.
【Recognition: Facts without dispute; Gap evidence 1; entries in Eul evidence 1 to 5; the purport of the whole pleadings】
2. The assertion and judgment
A. The Plaintiff’s assertion 1 distribution-by date was supplied by A and sold to others. The general common sense is that the distribution period is 45 days from the date of manufacture in the case of air conditioners livestock products. The same is also applicable to air conditioners supplied by A.