1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff registered an import and sale business with the aim of export and import business, such as imported food under the Special Act on Imported Food Safety Control (hereinafter “Import Food Act”).

B. On January 8, 2018 and January 24, 2018, the Plaintiff: (a) entrusted B Company with the import of the Chinese Freezing Free Trade Co., Ltd. (hereinafter “instant fishery products”); and (b) imported the instant fishery products by dividing them into two parts from “C,” an exporter located in China; and (c) filed an import declaration with the head of Busan Regional Food and Drug Administration on January 8, 2018; and (d) each of the above import declarations was accompanied by a forged sanitary certificate.

(hereinafter referred to as “instant sanitary certificate”) covering each of the above sanitary certificates.

On September 7, 2018, the Defendant imposed a penalty surcharge of KRW 110,100,000 in lieu of one month of business suspension under Article 20(2)1, Article 29(1)5, and Article 33(1) of the former Imported Food Act (wholly amended by Act No. 15940, Dec. 11, 2018; hereinafter the same shall apply) on the Plaintiff on the ground that each of the instant fishery products constitutes “an act of filing an import declaration by falsity or any other fraudulent means,” along with the instant sanitary certificate forged at the time of each of the instant import declarations (hereinafter “instant disposition”).

[Basis] Facts without dispute, Gap evidence 1 through 12, Eul evidence 1 to 5, 14, 15, Eul evidence 1 to 7, the purport of the whole pleadings

2. The plaintiff's assertion

A. In order to constitute “an act of filing an import declaration by false or other unlawful means” under Article 20(2)1 of the former Imported Food Act, the objective fact that the instant sanitary certificate was forged is insufficient. The Plaintiff concealed the instant sanitary certificate with knowledge that it was forged or forged, and filed an import declaration.