1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff is a corporation that operates general restaurants in the trade name of “B” from A and B in the event of Gyeonggiization.

B. On September 5, 2016, the Defendant received a civil petition, including the fact that the said restaurant’s recycling and cleaning conditions are inferior, and conducted a sanitary inspection on the said restaurant around September 11, 2016. At the cooling house located in the above restaurant cooking, two packages with the expiration of the distribution period, including “net life book” and “one package with the expiration of the distribution period” until September 1, 2016, were stored.

C. Accordingly, on September 27, 2016, the Defendant issued a prior notice on the ground that the Plaintiff violated Article 44(1) of the Food Sanitation Act by keeping the packaging package of the instant case, the expiration of the distribution period, for cooking and selling purposes, and then imposed a penalty surcharge of KRW 13.2 million in lieu of the business suspension 15 days on the Plaintiff.

[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole argument

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the packaging package of the instant case is being used and kept below the cooling for the remaining return, and that the management room is not indicated as the place of return under the cooling and the lower partitions. However, the Plaintiff does not keep the packing package of the instant case for the purpose of cooking.

Therefore, the Plaintiff cannot be deemed to have violated the rules of food service business operators.

B. Comprehensively taking account of the overall purport of the statements and arguments in Eul evidence Nos. 3 and 4, the defendant did not indicate that the packaging package of this case, the distribution period of which was expired, was stored in the air conditioners with other food materials, and was planned to return or dispose of them. The packing package of this case is a product of a significant size for business, and Eul, the point of which is the dietitian B at the time, the distribution period of which was expired.