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(영문) 대전지방법원 2017.04.27 2016구합104943

영업정지 및 해당제품 폐기처분 취소청구의 소

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1. On October 5, 2016, each business suspension period that the Defendant rendered against the Plaintiffs is seven days and each disposition to discard the relevant product.

Reasons

1. Details of the disposition;

A. Plaintiff Incorporated Co., Ltd. (hereinafter “Plaintiff A”) is a company that runs the business of manufacturing consigned, and Plaintiff B is a person who runs the business of manufacturing consigned with the trade name of Plaintiff C.

B. On October 5, 2016, the Defendant issued a disposition to order the Plaintiffs to dispose of the pertinent product (hereinafter “instant disposition”) seven days of business suspension (from October 19, 2016 to October 25, 2016) and the relevant product (hereinafter “instant disposition”), and the specific grounds for the disposition and relevant statutes are as follows.

Based on the grounds of disposition, Plaintiff A’s violation of Article 13 of the Food Sanitation Act (Prohibition of False Marking, etc.) - With respect to alcoholic beverages (types: other alcoholic beverages) products “in the column for the introduction of its own website,” as if the product has efficacy and effect on the prevention and treatment of diseases,” the product “in the column for the introduction of the product on its own website” as if the product had efficacy and effect on the prevention and treatment of diseases.

2. Effects of change and double-tamp;

3. Effects of the improvement of blood products;

4. The effects of preventing cancer and preventing the growth of cancer cells;

5. Article 13(1)1 of the Food Sanitation Act, Article 8(2) of the Enforcement Rule of the same Act, Article 75 of the Food Sanitation Act, Article 89 of the Enforcement Rule of the Food Sanitation Act, and Article 89 of the Enforcement Rule of the Food Sanitation Act [Attachment 23] of the Administrative Disposition Criteria I.General Standards 1. item (f) and II. Individual Standards 1. Item 7(j)(1) of the Food Sanitation Act, Plaintiff B, Article 13 of the Food Sanitation Act (Prohibition of False Indication, etc.) - Products of the Ethmbling Act (type: other alcoholic beverages from August 1 to April 5, 16, 13): With respect to products of the company's website, as if the product's face effect and effect on the prevention and treatment of diseases in the column of the introduction of products on its own homepage, the product's picture is written in the column of "hick introduction" as if the product has efficacy and effect

2. Effects of change and double-tamp;

3. Effects of the improvement of blood products;

4. The effects of preventing cancer and preventing the growth of cancer cells;

5. Article 13(1)1 of the Food Sanitation Act and Article 8(2) of the Enforcement Rule of the same Act, Article 75 of the Food Sanitation Act, and Article 89 of the Enforcement Rule of the Food Sanitation Act [Attachment 23] of the Food Sanitation Act.