영업정지 처분 취소 청구의 소
1. Revocation of the first instance judgment.
2. From November 18, 2016 to November 8, 2017, the Defendant’s business suspension against the Plaintiff on November 8, 2016.
1. The reasons why the court has stated this part of the disposition are as follows, and the corresponding part of the judgment of the court of first instance (from No. 2, No. 5 to No. 7 of the judgment of the court of first instance) is the same as that of the judgment of the court of first instance, with a exception to the use of some contents as follows. Thus, this part is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act
Part 2 of the first instance judgment, the "Korea Health Functional Association" in Part 9 shall be incorporated into "Korea Health Functional Association".
Part 4 of the judgment of the court of first instance, Part 6 "F" is written in "B".
If the first instance judgment No. 4, No. 13 and No. 14 of the Health Functional Foods Act (hereinafter “Health Functional Foods Act”) were amended to “former Health Functional Foods Act (amended by Act No. 15480, Mar. 13, 2018; hereinafter “Health Functional Foods Act”)”.
"Article 1-1" in the first instance judgment
D. The part of the disposition of suspension of business (from No. 7 of the judgment of the court of first instance to No. 6) is as follows. The defendant's advertisement of each of the above products (hereinafter "the advertisement of this case") shall be conducted.
() On October 10, 2016, on the ground that Article 18(1)2, 3, and 6 of the Health Functional Foods Act were violated, a prior notice was sent to the Plaintiff, and on November 8, 2016, a disposition of business suspension for general sale of health functional foods (from November 18, 2016 to January 16, 2017) for two months (hereinafter referred to as “instant disposition”).
Article 18(1)2, 3, and 6 of the Health Functional Foods Act, Article 32(1)3 of the Health Functional Foods Act, and Article 31(1) [Attachment II. 10(b), (c), and (e)/ [Attachment II. 10(b), (e)/ of the Enforcement Rule of the same Act / [Attachment II. 10(b), (c), and (e)/
I.General Criteria. 1. a.
- The visa for the display and advertisement of functional health foods (C, H).