영업정지처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a business operator who imported and sells food, etc. on October 27, 2005 after registering an import-sale business of imported food, etc. on October 27, 2005.
B. On December 22, 2016, the Plaintiff imported 24,980 kilograms from China’s company located (SUPPER GOD FOD FAING LITD) and filed an import declaration with the Commissioner of Busan Regional Food and Drug Administration pursuant to Article 20(1) of the Special Act on Imported Food Safety Control (hereinafter “Import Food Act”), and the said import declaration was accompanied by a forged sanitary certificate (Evidence No. 1-2, No. 3, No. 29, No. 3, and hereinafter “instant sanitary certificate”).
(hereinafter “instant violation”). C.
On January 1, 2016 through February 24, 2017, the Minister of Food and Drug Safety confirmed that the total of 35 sanitary certificates, including the instant sanitary certificates, were forged as a result of the investigation of the Chinese sanitary certificate during the period from January 1, 2016 to February 24, 2017.
Accordingly, on June 29, 2017, the Defendant received a prior notification from the Plaintiff on the ground that the Plaintiff filed an import declaration of freezing but omitted, accompanied by the instant sanitary certificate.
E. On September 20, 2017, the Defendant: (a) mitigated one month of business suspension to 1/2; and (b) rendered a disposition of business suspension for 15 days (from October 10 to October 24, 2017) against the Plaintiff pursuant to Article 29(2)1 of the Imported Food Act, etc. (hereinafter “instant disposition”).
F. Meanwhile, the Plaintiff’s representative director B is suspected of violating the Import Food Act due to the instant violation, on September 1, 2017, on the ground that “The instant sanitary certificate was forged but forged, and the normal issued sanitary certificate is sent from China to China as a document issued by the Chinese quarantine office, and the forged sanitary certificate is also deemed to have been sent from the Incheon District Prosecutors’ Office to China.”