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(영문) 대구지방법원 2018.12.13 2018구합20247
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In light of Article 29 of the Enforcement Rule of the Environment-Friendly Agriculture and Food Act, Article 35 of the Enforcement Rule of the Act on the Promotion of Environment-Friendly Agriculture and Food, Etc., and the Management and Support of Organic Food, Etc. (hereinafter “Enforcement Rule of the Environment-Friendly Agriculture and Food Act”), Article 12 of the Guidelines for Designation and Operation of Certification Institutions, including Environment-Friendly Agriculture and Food Products and Organic Food, etc

Article 20 (6) of the Environment-Friendly Agriculture and Fisheries Act, Article 11 (4) of the Enforcement Rule of the same Act, and Article 7 (3) [Attachment Table 2] of the Detailed Guidelines for Certification of Environment-Friendly Agriculture and Fisheries Products and Organic Food Products

1.(c)

5) (B) Although a new applicant farmer conducts a residual inspection on the livestock products or livestock excreta of a new applicant farmer pursuant to ? Even though it is required to conduct an on-site inspection on the new livestock products (meat, fry, eggs, blood transfusion) and livestock excreta, it is not necessary to conduct an on-site inspection on the 10 persons other than B (C) even though it is required to conduct an on-site inspection on the new livestock products.

b. Six months from the period of suspension of certification of environment-friendly agricultural products - The business subject to suspension from January 24, 2018 to July 23, 2018 - the business subject to suspension: Article 29 of the Environment-Friendly Agriculture and Fisheries Act and Article 35 of the Enforcement Rule of the same Act (Detailed Criteria for Cancellation of Designation as Certification Agency): the change of items, the investigation of production process, the succession of certification, and the re-issuance of certificates.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on January 22, 2018, but the said commission rendered a ruling dismissing the said claim on October 17, 2018.

The statutes related to the disposition of this case shall be as specified in the attached Form.

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1.

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