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(영문) 부산지방법원 2019.02.21 2018구합21935

영업등록취소처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff entered into a contract with a company B, a company of Vietnam (hereinafter “local company of Vietnam”), to import freezing swelve swelve swelve swelve swelves (White swelves and swelves). The local company of Vietnam exported the Plaintiff a freezing swelve swelve swelves after obtaining the test marks, sanitary quarantine certificates

B. On December 21, 2017, the Plaintiff reported to the Defendant on importation of freezing 5,500 g, and the Defendant: (a) as a result of the close inspection of the said freezing scams, upon detection of 0.0945 g/km, which is a harmful chemical that is prohibited from being used for food, the Plaintiff rendered the first disposition of business suspension of the Plaintiff on January 30, 2018 (from February 12, 2018 to March 3, 2018).

C. On April 10, 2018, the Plaintiff reported to the Defendant on the importation of freezing 5,500 g (hereinafter “instant freezing”). The Defendant: (a) conducted a close inspection of the freezing sh in the instant case; and (b) discovered nitroc materials (AOZ) of the nitroc Republic, which are harmful chemicals prohibited from being used for food; and (c) determined that the import was inappropriate on April 19, 2018. < Amended by Act No. 15304, Apr. 19, 2018>

Article 20(2) and Article 29(1)8 of the Special Act on Imported Food Safety Control; Article 46 and attached Table 13 of the Enforcement Rule of the same Act [Attachment Table] of the same Act on the ground that toxic chemicals, the use of which is prohibited as food, are detected from the freezing Newly Inserted by Act No. 1540, May 15, 2018; Act No. 1504, May 25, 2018;

Ⅱ A disposition was taken to revoke the registration of imported food, etc. import and sales business pursuant to subparagraph 3 (b) (i) of individual standards (hereinafter “instant disposition”).

(ii) [Grounds for recognition] unsatisfy, Gap evidence 1-7, 13, 14, Eul evidence 1-5 (including branch numbers; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is believed to believe the test scores and sanitary quarantine certificates issued by the local company Vietnam.