영업정지처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs are companies running the import-sale business of imported foods, etc.
B. On December 5, 2016, when the Plaintiff, a Chinese exporter, imported freezing from the “SUPER GOD FODAING LITD” and filed an import declaration with the Defendant on December 5, 2016 pursuant to Article 20(1) of the Special Act on Imported Food Safety Control (hereinafter “Import Food Act”), and the relevant import declaration was accompanied by a forged sanitary certificate.
C. The Plaintiff Daom Global, Inc., a Chinese exporter, imported 7 import declarations from “FUINGCO COYOYOYUUTS CO. LTD.” and “SUPPPER GOD POD TRAD ESD”, and filed seven import declarations from July 1, 2016 to December 22, 2016 with the Defendant, respectively, and each written import declaration was accompanied by a forged sanitary certificate.
(hereinafter referred to as “instant sanitary certificate”) d.e., forged sanitary certificates.
On September 4, 2017, Article 20(2) and Article 29 of the Imported Food Act, and Article 4 of the Addenda of the Enforcement Rule of the former Special Act on Imported Food Safety Control (amended by Ordinance of the Prime Minister No. 1371, Feb. 22, 2017; hereinafter “Enforcement Rule of this case”) provides that “The defendant shall comply with the previous provisions, notwithstanding the amended provisions of attached Table 13, with respect to the administrative disposition criteria for the violation before the enforcement of these Rules,” on the grounds that he/she filed an import declaration for the freezing of the Republic of Korea on the grounds that he/she had forged sanitary certificate attached thereto.”
Pursuant to Article 27(1)7 and Article 46, 15 days of business suspension (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap’s entries, 2, 4, 5 through 11, Eul’s evidence, and Eul’s evidence Nos. 1 through 10 (if any, including the number; hereinafter the same shall apply) or video, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the plaintiffs' assertion.