업무정지등처분취소
1. The imposition of a penalty surcharge in lieu of seven days of business suspension imposed on the Plaintiff on November 13, 2019 shall be revoked.
2...
1. Details of the disposition;
A. On November 15, 2017, the Plaintiff filed a report on “i-sale manufacture and processing business” with the trade name “C” at the Dong-gu Busan and the first floor (hereinafter “instant business site”) and operated a business.
B. On February 4, 2019, the Plaintiff discovered that the delivery food was loaded in the front of the first place of business at around 4-5:00 new walls.
On February 28, 2019, the Defendant issued a corrective order to the Plaintiff on the ground that it constitutes “in the event that the manufacturing processed food is not kept in a sanitary manner” in violation of the standards for preservation and distribution.
C. On September 11, 2019, the Plaintiff discovered the same two-lanes in around 18:07.
On November 13, 2019, the Defendant, following the prior procedure, issued a disposition of “1,20,000 won of penalty surcharge in lieu of business suspension” (hereinafter “instant disposition”) to the Plaintiff on the ground of “the second violation of preservation and distribution standards (the keeping of manufactured and processed foods in a non-sanitary place”).
【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, 11, 12, Eul’s 1 through 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff: (a) after cooking individual food, the first sealed package (use of compressed package); (b) put the first sealed food into the large sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere sphere, and (c) requested the delivery
At the time of the detection of the instant case, part of the styp styp styp styp styp styp styp styp styp sealed for delivery was stored on the company’s wall, and cannot be viewed as keeping food in a non-sanitary place.
B. The administrative laws and regulations, which serve as the basis for one infinite administrative disposition, should be strictly interpreted and applied, and excessively expanded and interpreted in the direction unfavorable to the other party to the administrative disposition.