1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Details of the instant disposition

A. The Plaintiff is running meat packaging business in the name of "C" in Gwangju Mine-gu.

B. On May 28, 2015, public officials belonging to the Gwangju Regional Food and Drug Safety Agency discovered that the temperature of the above C’s raw material storage room was above -18C from May 23, 2015 to the 27th day of the same month, and discovered that it was around 15:00 -6 %) on May 28, 201, and notified the Defendant of the above violation on the 29th day of the same month.

C. On June 29, 2015, the Defendant imposed upon the Plaintiff a penalty surcharge of KRW 9,940,000 in lieu of seven days of business suspension pursuant to Articles 4 and 27 of the former Livestock Products Sanitary Control Act (amended by Act No. 14025, Feb. 3, 2016; hereinafter the same) on the ground that the Plaintiff violated the standards for preservation and distribution.

(hereinafter “Disposition in this case”). 【No dispute exists, the entry of Gap evidence 1-2, 3, Eul evidence 4 and 5-2, the images of Eul evidence 3 and 6, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1. First, according to the delegation of Article 4(2) of the former Livestock Products Sanitary Control Act, Article 5 of the processing standards and components specifications of livestock products (Notice of the Ministry of Food and Drug Safety Notice No. 2015-94; hereinafter the same shall apply) is attached to the Plaintiff’s assertion 1.

8. The “standards for preservation and distribution” (hereinafter “standards for preservation and distribution”) provides for the temperature of meat and packaged meat, which are “products,” but does not provide for the temperature of preserving meat, which is “raw materials”. However, as the Plaintiff stored meat, which is the raw materials (raw materials) in the freezing room, the Plaintiff stored the meat, which is the “raw materials” (raw materials). As such, the standards for processing livestock products and the common standards and specifications for livestock products under Article 5 [Attachment] 1.

2. A separate violation of the requirements for raw materials, etc. (hereinafter “requirements for raw materials, etc.”) does not violate the “standards for preservation and distribution”. Therefore, this case’s violation of the standards for preservation and distribution.