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(영문) 수원지방법원 2019.03.27 2018구합68040
이의신청 기각결정처분 취소 신청
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who imports and sells imported food, etc. with the trade name “D” in the Yeongdeungpo-gu Seoul Metropolitan Government B and the commercial building C.

B. The Plaintiff imported showers (hereinafter “the showers of this case”) in the sum of 2.9 km as indicated below from E companies in Eul, and the showers of this case arrived at the Incheon Public Port on March 13, 2018.

The volume of the product and the grade-based unit of the sequence 1: the total weight (kg) 1:50 g 1,000 g 1,000 g 1,000 0.52 2 Shaf, 1.17 1g 180 0.18 3 Shaf, 1.2 g 360 g 360.72 4 Shaf, 1.5 g 1,690 g 1,690 .9

C. On March 28, 2018, the details of the former Special Act on Imported Food Safety Management are as shown in the attached Form.

(b) the same person.

(1) Article 20 of the Warsaw (amended by Act No. 15940, Dec. 11, 2018) reported the import of the instant Warsaw. On April 6, 2018, the Defendant issued to the Plaintiff a notice of nonconformity with the Warsaw (hereinafter “instant nonconformity notice”) with respect to the instant Warsaw column on the ground that “The metal product is less than 10mg/km, and less than 2m in size, of the food” was detected as a result of the close inspection on the Warsaw column of this case, on the ground that: (a) as a result of the close inspection on the Warsaw of this case, it was found that the size was less than 84.5mg/km, and less than 2m in size was found inappropriate on April 5, 2018.”

On April 21, 2018, the Plaintiff filed an objection under the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”) against the Defendant on the ground that “the quarantine and determination based on general food quarantine, but the showers column is natural foods, and thus, should be changed.” However, on May 15, 2018, the Defendant notified the Plaintiff of the rejection of the objection on the ground that “the showers column does not meet the standards of metal foreign goods (hereinafter “the rejection of the instant notification”).” (hereinafter “the dismissal notification”).

【Ground of recognition】 There is no dispute;

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