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(영문) 인천지방법원 2017.06.15 2016구합54750
영업정지 등 처분취소
Text

1. The Defendant’s business suspension disposition against the Plaintiff on October 20, 2016 shall be revoked for 17 days.

2. The plaintiff's remainder.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person registered as a new business operator and engaged in the spot sales manufacturing and processing business in part of the Bupyeong-gu Incheon Metropolitan Government B and 4 as “C”.

B. The Plaintiff: (a) processed mix, etc., and sold them on packing containers; (b) the packing containers contain two years, including the date of processing and bottom processing, without delay, when issuing an order to “the address verification in the shopping mall,” “the Han River shopping mall C Company D, and the date of manufacturing.”

C. The Plaintiff’s Internet shopping mall (website) uses the expression “good composition” and “good composition” on the product, and includes the address of the said place of business.

On October 20, 2016, the Defendant issued each disposition of suspension of business, 17 days of disposal, destruction of the relevant product, and correction order (hereinafter “each disposition of this case”) pursuant to Article 10, 13, 71, 72, and 75 of the Food Sanitation Act, Article 89 of the former Enforcement Rule of the Food Sanitation Act (amended by Ordinance of the Prime Minister No. 1349, Jan. 4, 2017; hereinafter the same shall apply) with respect to the Plaintiff’s instant products (hereinafter “Plaintiff’s products”) pursuant to attached Table 23, on the ground that “the date of manufacture and location indication, the use of expression that the product has efficacy and effect in preventing and treating diseases,” and “the indication of cautions for consumer safety.”

E. The Plaintiff filed an administrative appeal against an administrative disposition regarding the remainder of the violation other than the corrective order based on the non-compliance with the indication of cautions for consumer safety. However, the Plaintiff was ruled dismissed on November 21, 2016.

[Ground of recognition] Facts without dispute, Gap 1-4, Eul 4-6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고 주장요지 (1) 표시기준 위반 ㈎ 원고 식품은 식품위생법상 제조일 표시의 대상이 아니고, 설령 제조일 표시의 대상이라고 하더라도 '주문 즉시 가공하고,...

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