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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 is operating a distress processing business with the trade name “C” in Pyeongtaek-si B.
B. On December 8, 2015, the Defendant kept the raw material storage room with no marking in violation of the labelling standard of livestock products (hereinafter the instant raw material storage room) and produced the product without any marking, and without any marking, made the product. The Defendant issued the instant disposition ordering the suspension of business 40 days, the destruction of the relevant product, and the improvement of facilities pursuant to Articles 6, 21, and 31 of the Livestock Products Sanitary Control Act, and Article 41 of the Enforcement Rule of the same Act, on the ground that the Plaintiff failed to install the date of production, transaction documents, and raw material storage documents.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is not directly sold to consumers, and is used as raw materials for other products, so it is possible to keep livestock products without an individual indication in accordance with the labelling standard of livestock products (Notice No. 2015-64 of the Ministry of Food and Drug Safety). Therefore, there is no illegality in the relevant original column storage.
There is no provision that livestock product processing business operators have to install separate specifications, and the plaintiff has removed the disturbance when the plaintiff gets under the bottom of light light with a light light, and has entered a consortium with a light light with a simple wave flash, so there is no illegality in relation to the failure to install the disturbance.
The plaintiff prepared the date of production and the raw material receipt documents at the time, and thus there is no illegality in the above reasons for failure to prepare the documents.
Therefore, the disposition of this case is unlawful because there is no reason.
(b) Where the Minister of Food and Drug Safety has determined the standards for labeling of livestock products for sale pursuant to Article 6 (3) of the Sales Control of Livestock Products Act, such livestock products shall be sold, or processed, packaged, stored, and transported for sale, unless the standards are indicated in compliance with such standards;