A. From January 22, 2018, the Plaintiff is operating a resting restaurant with the trade name, “C” in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant restaurant”).

B. The head of Ulsan Metropolitan City inspected the instant restaurant on July 4, 2018, as part of the joint inspection of food consumption, and as a result, inspected the instant restaurant at the instant food materials stored in the freezing of the instant food materials at the establishment, and found the Defendant to have been aware of the distribution period [to have been discovered on June 25, 2018; distribution period; June 29, 2018; June 25, 2018; distribution period; July 1, 2018; the distribution period; and to have been July 2018; June 20, 2018; June 27, 2018; and to have been discovered on June 27, 2018; and to have been distributed on June 20, 2018; and to have been distributed on June 27, 2018; and to have been distributed on June 28, 2018; and to have been distributed on the date of notification.”

C. On July 4, 2018, the Plaintiff: (a) prepared a written confirmation of “I, while running the instant restaurant, obtain a report of resting restaurant business, and until now, keep, cook and sell raw materials or finished products, the distribution period of which has expired, for cooking and selling purposes; and (b) submitted to the Ulsan Metropolitan City Mayor, a written confirmation of the fact that the case was discovered while being stored in the freezing room.”

On August 9, 2018, the Defendant issued a disposition to impose a penalty surcharge of KRW 15,90,000 in lieu of 15 days of business suspension pursuant to Articles 44, 75(1) and 82 of the former Food Sanitation Act (amended by Act No. 15484, Mar. 13, 2018; hereinafter “former Food Sanitation Act”) on the ground that the Plaintiff stored raw materials or finished products, the distribution period of which has expired, for the purpose of cooking and selling them.

E. The Plaintiff appealed and filed an administrative appeal with the Ulsan Metropolitan City Administrative Appeals Commission, and the Ulsan Metropolitan City Administrative Appeals Commission on October 2018.