과징금 부과처분 취소 청구
1. The imposition of a penalty surcharge of KRW 35,400,000 imposed on the Plaintiff on September 22, 2014 shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is a company established on September 1997, which imports, manufactures, and sells coffee and related articles, and operates B points in A (hereinafter referred to as "the store of this case") on the racing-si after reporting the business of resting restaurants.
B. On June 24, 2014, around 11:50 on June 24, 2014, the public officials and public officials belonging to the Gyeongbuk-do Office Food Sanitation and Health Service (hereinafter “Defendant Joint Control Group”) confirmed that the instant store products, such as Blusin and Blus Blus Bluse Con (hereinafter “instant products”) display and sell the instant products without packaging, while conducting a lower-term sanitary inspection on resting restaurants, etc. at the time of racing.
C. On September 22, 2014, the Defendant issued a disposition imposing a penalty surcharge of KRW 35,400,000 in lieu of one month of business suspension pursuant to Article 82 of the Food Sanitation Act (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 10(2) of the Food Sanitation Act by selling the instant product with a non-labeling mark.
【Reason for Recognition】 Each description of evidence of subparagraphs A through 5 and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserts that the plaintiff can sell food after removing the wrapping paper and cooking it in the instant store, which is a resting restaurant. The plaintiff's employees asserted that the product of this case does not constitute a violation of Article 10 (2) of the Food Sanitation Act, since they displayed and sold after they engaged in cooking a mixed dust.
As to this, the defendant asserts that the act of rootsing the product of this case does not constitute a cooking, and that the plaintiff displayed and sold the product of this case without congested dust, and thus constitutes a violation of Article 10 (2) of the Food Sanitation Act.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. (1) Determination is based on whether the processing of a mixture constitutes cooking or not, Article 10(1)1 of the Food Sanitation Act.