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(영문) 부산고등법원 2020.06.26 2020누20446
과징금부과처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Grounds for this part of the judgment of the court of first instance are stated.

In addition to the following parts, the corresponding part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance. Thus, it shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

E. On October 29, 2018, the Ulsan Metropolitan City Administrative Appeals Commission rendered an adjudication on partial acceptance of the Plaintiff, taking into account the following circumstances: (a) the Plaintiff’s objection to an administrative appeal against the Ulsan Metropolitan City Administrative Appeals Commissions, including: (b) the fact that there was no past record of violation of the same kind; (c) the supplier’s act of arbitrarily changing the distribution period; and (d) the Ulsan District Prosecutors’ Office suspended indictment to the Plaintiff; and (c) the Ulsan District Public Prosecutor’s Office changed the imposition of a penalty surcharge equivalent to 15 days of business suspension to the imposition of

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the following grounds.

1) The distribution period in the report on the manufacturing of food items of the instant product is six months from the date of its original manufacture, and D, a manufacturer, arbitrarily, without notifying the Plaintiff of the distribution period inside and outside of one week, is indicated on the instant product. Thus, the distribution period legally effective for the instant product is stipulated under Article 37(6) of the former Food Sanitation Act, Article 37(6) of the former Enforcement Rule of the Food Sanitation Act (amended by Ordinance of the Prime Minister No. 1518, Dec. 31, 2018; hereinafter “former Enforcement Rule of the Food Sanitation Act”).

(2) Article 45 of the Food and Drug Safety Notice No. 2017-89 of the Ministry of Food and Drug Safety (Ministry Notice No. 2017-89 of the Ministry of Food and Drug Safety, hereinafter “instant Notice”) and

Pursuant to the provisions of Article 4, "six months from the date of manufacture" shall be deemed to be "six months from the date of manufacture," which is the circulation period in the report

Therefore, the term of validity of the product of this case has not expired legally.

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