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(영문) 대구지방법원 2018.10.25 2018구합20643
업무정지처분취소
Text

1. The Defendant’s disposition of suspending the certification of eco-friendly agricultural products (4.5 months) against the Plaintiff on February 1, 2018 shall be revoked.

2.

Reasons

1. Details of the disposition;

A. The Defendant is an institution entrusted by the Minister of Agriculture, Food and Rural Affairs with duties of designation, revocation of designation, etc. pursuant to Article 58(1) of the Act on Fostering Environment-Friendly Agriculture and Fisheries and Management of and Support for Organic Food, Etc. (hereinafter “E

B. The plaintiff was designated as an institution certifying environment-friendly agricultural products on February 5, 2005 by the defendant as a corporation with the purpose of controlling the industry-academic cooperation of the Korea National University.

C. On February 1, 2018, the Defendant issued a disposition against the Plaintiff on the following grounds to suspend the certification of environment-friendly agricultural products (4.5 months; period of suspension from February 8, 2018 to June 22, 2018) pursuant to Article 29 of the Environment-Friendly Agriculture and Fisheries Act; Article 35 of the Enforcement Rule of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management and Support of Farming and Fisheries-Related Foods, Etc. (hereinafter “Enforcement Rule of the Environment-Friendly Agriculture and Fisheries Act”).

(2) Article 34(2) and (4) of the Environment-Friendly Agriculture and Fisheries Act and Article 41(2) and attached Table 8 of the Enforcement Rule of the Environment-Friendly Agriculture and Fisheries Act shall order the removal of a certification mark under Article 34(2) and (4) of the Environment-Friendly Agriculture and Fisheries Act, and Article 41(2) and attached Table 8 of the Enforcement Rule of the Environment-Friendly Agriculture and Fisheries Act. However, on August 24, 2016, the Plaintiff was notified of the fact that the term “surphical quiletining” was detected in the food column produced by A (certification No. B) from the Gyeonggi Support, and was subject to an administrative disposition to revoke the certification of the relevant business operator on October 24, 2016, but was not subject to an administrative disposition to remove or suspend the certification mark of a certified product shipped (hereinafter “instant grounds for disposition”), Article 26(6) of the Environment-Friendly Agriculture and Fisheries Act and Article 37(1)3(b) and (e) of the Rules of the Environment-Friendly.

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