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 company that manufactures and sells fishery products.
B. On January 14, 2016, the Plaintiff imported from Quangang Aquatic Manufacturing co., and filed an import declaration with the Busan Regional Food and Drug Administration on May 30, 2016 pursuant to Article 20(1) of the Special Act on Imported Food and Drug Safety (hereinafter “Import Food and Drug Act”), and the import declaration was accompanied by a forged sanitary certificate (hereinafter “instant sanitary certificate”).
C. On November 29, 2017, the Defendant issued a disposition of business suspension for 15 days reduced to 1/2 of business suspension (hereinafter “instant disposition”) on the ground that the Plaintiff filed an import declaration for the freezing of China, accompanied by a forged sanitary certificate, with respect to the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 6, the purport of whole pleadings
2. Whether the instant disposition is lawful
A. Article 20(2)1 of the Plaintiff’s alleged Imported Food Act “an act of filing an import declaration by fraud or other improper means” refers to an act of filing an import declaration by using deceptive means, deceptive means, deceptive means, or other unlawful means, with the knowledge that an importer cannot file an import declaration in accordance with normal procedures.
However, the Plaintiff did not forge the instant sanitary certificate or conspired to do so, and did not know at all about the forged fact.
Therefore, the disposition of this case is unlawful as it does not exist.
(b) as shown in the attached Form of the relevant statutes;
C. As a matter of principle, sanctions against the violation of administrative laws and regulations are sanctions against the objective fact of violation of administrative laws and regulations in order to achieve administrative purposes, and thus, there is a justifiable reason that does not cause any negligence on the duty of the violator.