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(영문) 부산지방법원 2020.09.24 2019구합24726
제조업무정지에 갈음하는 과징금 부과처분 취소
Text

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. On July 27, 2002, the Plaintiff completed the Plaintiff’s report on manufacture and sale items for manufacture and sale of “B”, a herb drug, to the Defendant on July 27, 2002 (hereinafter “instant product declaration”).

B. When Defendant employees visited the Plaintiff on July 4, 2019 to check the appropriateness of the manufacture and quality control of medicinal herbss, they discovered the fact that the Plaintiff, “B liquor” without reporting the manufacture and sale items of medicinal herbss, “B liquor” (hereinafter “instant product”) imported from China, “B liquor 1,00g”, and “B liquor” in the form of drinking herbs. 50 g, 100g, 100g or 100g by subdividing them into packages and then selling them to Korea.

C. At that time, the Plaintiff sold to the Defendant on July 4, 2019, “The Plaintiff imported a total of KRW 5,016 km” in B, “pharmaceuticals from January 15, 2018,” which was subdivided into “B, 1,000g,” “B, 500g,” and “B, 50g, 100g, 100g, 100g, 100g, 100g,” which was subdivided into “B,” and “B, 190g, 100g, 100g, 100g,” (B, 196, 252, 196, 250g, 50g, 1907, 400g, 509.60g, 509g, 196g, 509g, 1009g, 1009.

In the Ulsan District Prosecutors' Office on August 28, 2019, the Plaintiff is deemed to have received suspicion (the Plaintiff imported B 5,016 km without obtaining permission or reporting for manufacture items, sold at KRW 311,164, and sold B 1,202 g "B 1,200, after receiving KRW 16,106,00) with respect to the sale of the product of this case. However, the Plaintiff obtained permission for drug manufacturing business, and the Plaintiff was at issue in this case.

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