판매업무정지1개월처분취소
1. On October 13, 2015, the Defendant’s medical device described in attached Table 1, as against the Plaintiff on October 13, 2015, with respect to the medical device described in the relevant item as indicated in attached Table 1, which was filed against the Plaintiff.
Details of the disposition
The plaintiff is a company with the purpose of manufacturing, installing, selling, and exporting and importing medical devices.
On October 13, 2015, the Defendant issued a disposition of suspension of sales (hereinafter “instant disposition”) of the relevant medical device listed in attached Table 1 pursuant to Article 24(2)3 of the Medical Devices Act, Article 45(1) of the Enforcement Rule of the Medical Devices Act, Article 36(1)14 of the Medical Devices Act, and Article 58(1) [Attachment 8] of the Enforcement Rule of the same Act, on the grounds that the Defendant used the Plaintiff’s pictures that suggest the performance, efficacy, and effect of the medical device, or any other cryptive method, to the Plaintiff, for one month (from October 27, 2015 to November 26, 2015).
[Based on the facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, and Eul evidence No. 1, and the purport of disposition of the whole pleadings is legitimate, and the Act on Fair Labeling and Advertising without the plaintiff's grounds for disposition of the plaintiff's grounds for disposition (hereinafter "Indication Advertising Act") provides that advertising enterprisers, etc. are widely informed or presented to consumers by periodicals, online newspapers, broadcasting, telecommunications, and other methods prescribed by the Presidential Decree. However, the plaintiff did not have widely known or presented the performance, efficacy, and effect of medical devices as stated in attached Table 1 to general consumers.
The instant disposition is an unlawful disposition that deviates from and abused discretionary power, as it is excessively large to the public interest that can be gained by the instant disposition, compared to the public interest that may be gained by the instant disposition, and thus, the instant disposition is an unlawful disposition that deviates from and abused discretionary power.
Attached Form 2 of the relevant Acts and subordinate statutes.
Judgment
Article 24 subparagraph 3 of the Medical Devices Act provides that "no advertisement shall be made using pictures that suggest the performance, efficacy, and effect of a medical device" and Article 45 of the Enforcement Rule of the same Act shall apply.