1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Details of the disposition;

A. From August 21, 2012, the Plaintiff operates a food sales business office in the trade name of the “large-Mamart Mam-dong store” or “small-gu food materials marina” (hereinafter “instant marina”) on the 30th floor of the Man-dong-dong-dong-dong-dong-dong-dong-dong-dong 30 (Man-dong-dong-dong”).

B. On February 3, 2016, the Posting-si revealed that one product (batch 250gs) whose distribution period is until January 23, 2016 (hereinafter “the instant discovered product”) was displayed in the display stand while conducting the “the joint inspection of defective food” in 2016.

C. On April 15, 2016, the Defendant notified the Plaintiff of the fact of detection at the port of port, as to the Plaintiff on the ground that “the Plaintiff displayed or stored for the purpose of selling foods, the circulation period of which has expired,” the instant disposition imposing a penalty surcharge of KRW 9,100,000 in lieu of seven days of business suspension pursuant to Articles 44, 75, and 82 of the Food Sanitation Act, and Article 89 of the Enforcement Rule of the Food Sanitation Act (i.e., the annual sales amount of the Plaintiff is more than KRW 2.5 billion but not more than KRW 3 billion per day x 7 days).”

(D) The Plaintiff filed an administrative appeal with the Gyeongbuk-do Administrative Appeals Commission, but the said claim was dismissed on May 30, 2016. 【Ground of Recognition】 Facts without any dispute, Gap’s 4, 5, 6, and Eul’s 1 through 7 (each entry, including a serial number, and the purport of the whole pleadings).

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The non-existence of the grounds for disposition does not display the detected product of this case for sale at the store, but merely received for the purpose of return and stored outside the display stand separately. 2) Even if there are grounds for disposition of deviation and abuse of discretionary power, the detected product of this case was displayed by the staff's room, only one discovered product was exposed, only one week, the expiration date of the distribution period is about 1 week, and the Mart of this case was operated by small and long-term depression.