1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff is a manufacturer or manufacturer-seller as prescribed by the former Cosmetics Act (amended by Act No. 13117, Jan. 28, 2015; hereinafter “former Cosmetics Act”).

The Nuclear Safety and Security Commission has conducted a fact-finding survey every year in order to verify the stability of a processed product containing natural radioactive materials, and the Plaintiff requested the Korea Nuclear Safety and Security Foundation to conduct an inspection of detection of radioactive materials on the cosmetic “B” (NI1202 (1.23, 2015) (NI1202, Jan. 23, 2015; hereinafter “instant product”) manufactured and sold by the Plaintiff. As a result, U(T)-238 is 0.231Bq/g, Thhum-232 at 0.08Bq/g, and the inspection results were sent to the Minister of Food and Drug Safety on November 28, 2017.

The Defendant against the Plaintiff on January 24, 2018, on the ground that U-238 and Th-232 (hereinafter collectively referred to as “the instant raw material”) was detected, which is a radioactive substance that cannot be used in the manufacture, etc. of cosmetics, for the instant product manufactured and sold by the Plaintiff on January 24, 2015, the criteria for administrative dispositions related to Article 29 [Attachment 7] of the former Rules of the Cosmetics Act (amended by Ordinance of the Prime Minister No. 1154, Apr. 2, 2015; hereinafter referred to as “former Enforcement Rules of the Cosmetics Act”).

2. Individual Criteria (o)(iii)(hereinafter “instant Criteria”) is subject to the instant disposition standards.

(2) According to the relevant Act and subordinate statutes, six months (from February 5, 2018 to August 4, 2018) and six months (from February 5, 2018 to August 4, 2018) and six months of the suspension of the former product sales (from February 5, 2018 to August 4, 2018) (hereinafter collectively referred to as "each of the instant dispositions") shall be referred to as "each of the instant dispositions" in total.

) The order was issued [The facts without any dispute over recognition, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 and 2, and the whole purport of each disposition of this case is legitimate, and there is no ground for the plaintiff's disposition of this case.