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(영문) 서울행정법원 2018.02.08 2017구합5690

판매업무정지처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

A. On February 24, 2005, the Plaintiff obtained permission from the Minister of Food and Drug Safety to manufacture medical device manufacturing business and permission to manufacture sexual impulses electrical appliances (the model name B; hereinafter “the instant medical device”). The said permission was revoked on January 28, 201.

On December 6, 2011, the Plaintiff obtained a permit to manufacture the instant medical device from the Minister of Food and Drug Safety (hereinafter “instant manufacture permit”). On July 31, 2015, the Plaintiff engages in the manufacturing business and distribution business of medical devices while operating the “C” by reporting the distribution business of medical devices to the Seongdong-gu Public Health Center.

B. On August 24, 2017, the Defendant: (a) stated to the Plaintiff on October 8, 2007; (b) on October 28, 2008; (c) on October 7, 2011; (d) on December 31, 201; (d) on October 28, 201; and (e) on October 13, 2016, the purpose of use permitted on the C website with respect to the instant medical device, which goes beyond the purpose of use permitted on the C website, “the Plaintiff has fundamentally improved the issue of lighting, etc. by putting in mind the horses that the core color and winter are good; and (e) by failing to obtain a certificate of medical device MP advertising, such as D companies (hereinafter “D companies, etc.”); and (c) provided that each of the aforementioned products were slandered or suspected to have been falsified by not later than the date of posting an advertisement or any other advertisement containing the aforementioned qualifications.”

) On the ground that it is the instant disposition (hereinafter “instant disposition”), the instant disposition was taken to suspend the sales of the instant medical devices on the grounds of Articles 36(1)14 and 24(2)1 of the former Medical Devices Act (amended by Act No. 15279, Dec. 19, 2017; hereinafter the same) (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 10, 12, Eul evidence Nos. 3-6, the purport of the whole pleadings

2. The instant disposition is lawful.