logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.11.14 2019구합63386
경고처분 취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is an administrative branch wholesale market of the C Wholesale Market (hereinafter “instant wholesale market”) under Article 2 subparag. 7 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural and Fishery Products”), and the Defendant is a wholesale market founder who has designated the Plaintiff as a wholesale market corporation of the instant wholesale market pursuant to Article 23(1) of the Agricultural Stabilization Act. The Defendant is a manager of the instant wholesale market under Article 21(1) of the Agricultural Stabilization Act.

B. On April 2, 2019, the Defendant: (a) Article 82(2)3 and Article 23(2) of the Agricultural Products Act; (b) Article 56 [Attachment Table 4] subparag. 2 (individual criteria) of the former Enforcement Rule of the Agricultural Products Act (Amended by Ordinance of the Ministry of Agriculture, Food and Rural Affairs No. 374, Jul. 1, 2019; hereinafter the same shall apply) on the ground that the Plaintiff violated the following provisions

A. (3) A warning based on subparagraph (3) was given (hereinafter “instant disposition”).

A) Pursuant to Article 23(2) of the Agricultural Promotion Act, any shareholder, executive officer, or employee of a wholesale market corporation shall not engage in wholesale business or intermediate wholesale business in competition with the business of the relevant wholesale market corporation, but the Plaintiff shall be a stock company that is a shareholder (hereinafter “D”).

) F Co., Ltd. (hereinafter referred to as “F”) which is a wholesale market corporation in E agricultural and fishery products wholesale market

(B) (Designation Period: The publication is made by the shareholders of November 10, 2015 to November 9, 2020) and the fact that four executives and employees of the Plaintiff were engaged in the wholesale business in competition with the wholesale market corporation upon the registration as executive officers of F ( October 30, 2018) was made on December 24, 2018, but the fact that the correction has not been made until February 2019 is not made [the fact that there is no dispute over the grounds for recognition, entry in the evidence No. 3, and the purport of the entire pleadings]

2. Determination on this safety defense

A. Article 82(2) of the Defendant’s main defense provides that a wholesale market corporation may order the suspension of its business in certain cases, and the sanction is imposed.

arrow