1. The Defendant’s disposition of business suspension of 15 days against the Plaintiff on April 5, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The Plaintiff operates a mutual general restaurant (hereinafter “instant restaurant”) with the trade name “C” in the Namyang-si, Namyang-si.

B. On March 14, 2018, a public official in charge of Namyang-si found one package of "alsch Rexroth Cirex Cirst (400g; hereinafter "the instant package of business"), the distribution period of which has expired in the course of conducting a sanitary inspection on the instant restaurant, and on April 5, 2018, the Defendant issued a disposition of business suspension of 15 days (hereinafter "the instant disposition") pursuant to Articles 44 (1) and 75 (1) of the former Food Sanitation Act (amended by Act No. 15277, Dec. 19, 2017; hereinafter the same) on the ground that the Plaintiff stored the instant package of business, the distribution period of which has expired, for the purpose of cooking and selling.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant disposition was unlawful since the Plaintiff’s employees purchased and stored for food as a simple food, and was not kept for cooking and selling. Thus, the instant disposition was not unlawful since there was no ground for the disposition.

(b) as shown in the attached Form of the relevant statutes;

C. Article 44(1)3 of the former Food Sanitation Act provides that “A business operator prescribed by Presidential Decree, such as food service business operators, etc. and his/her employees shall comply with the following matters according to the type of business in order to ensure the sanitary management, maintenance of order, and promotion of public health and sanitation.”

The above provisions explicitly stipulate that food service business operators, etc. are prohibited from keeping products, etc., the expiration of the distribution period, “for the purpose of cooking and selling”, and they are also subject to the provisions.