1. The Defendant’s disposition of imposing a penalty surcharge of KRW 11,620,00 against the Plaintiff on May 28, 2014 is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. The Plaintiff operated the Home Packer Station, a major retailer located in Yeongdeungpo-gu Seoul Metropolitan Government, and displayed and sold the instant product (hereinafter “instant product”) supplied from the Plaintiff, “A” (hereinafter “instant supplier”), which was supplied by the Defendant, using frozen and shellfish as a MAP technique, from January 9, 2012 to July 28, 2013.

B. On May 29, 2014, the Defendant imposed a penalty surcharge of KRW 1,1620,000 in lieu of the seven days of business suspension pursuant to Articles 7, 75, and 82 of the Food Sanitation Act (hereinafter “instant disposition”) on the Plaintiff on the ground that “FFF fishery products in the condition of cooling are displayed for sale for more than 24 hours for three days and violated the standards for preservation and distribution” (hereinafter “instant disposition”).

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 2 to 4 (including branch numbers for those with a tentative number)

2. Whether the disposition is lawful;

A. The plaintiff's assertion (i.e., the product of this case was packaged using an advanced packing method (MAP method). Since the packing method is not prescribed by the Food Sanitation Act, such sale does not constitute a violation of the law.

Shebly, even if the Plaintiff’s act violates the law, the Plaintiff was aware of the instant fishery products as processed food or refrigerating food, not freezing food, under the law, and thus, there was no intention or liability for the violation of the law.

Referencely, even though the sales volume is insignificant, and there is no risk to people, the defendant's imposition of penalty surcharge in lieu of the 7th business suspension, which is the maximum limit of the disposition standards, is a deviation from and abuse of discretionary power.

(b) as shown in the attached Form of the relevant statutes;

(c) MAP(Mod Ampphere Paking) packing techniques are appropriate after the container inside is made in a progress, using sealed containers and special films to prevent the oxygen.