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(영문) 광주고등법원 2016.01.14 2015누6803

업무정지처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The scope of the trial filed the instant lawsuit against the Defendant, seeking the revocation of the disposition of business suspension for one month for the marketing of the product items, which is a medical device against the Defendant, (No. 12-728, No. 13-1647, No. 12-727, No. 13-1648, and No. 13-1648). The court of first instance accepted the part concerning the instant absorption medical devices (No. 12-727, No. 13-1648), among the above revocation claims, and dismissed the part concerning the instant non-absorbing medical devices (No. 12-728, No. 13-1647).

As the Defendant appealed against this, the subject of the judgment of this Court is limited to the claim for revocation of the disposition of business suspension for one month in the sale of the absorbing medical devices of this case.

2. The reasoning for the court’s explanation of this case is as follows: (a) the reasoning for the court’s explanation of this case is as stated in the corresponding part of the reasoning of the judgment of the first instance (including the attached Form), Article 8(2) of the Administrative Litigation Act, the main text of Article 420 of the Civil Procedure Act.

3. In light of the fact that part of the absorbing medical device of this case was written on the instant disposition’s “a false advertisement box on the website as if they were available on a alcoholic beverage,” the Defendant is not allowed to use the absorbing medical device of this case on an an inclusion, and thus, it appears that the instant disposition was taken on the premise that the posted content on the website of this case was false.

However, the meaning of “the safety and effectiveness of the extension of alcohol is not established,” which is an element for the use of the absorbing medical device of this case, is clearly indicated in light of the fact that the use of visual surroundings is prohibited with respect to the non-absorbing medical devices, the efficacy and side effects of the use of the absorbing medical device of this case on the part of an inception.