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(영문) 수원지방법원 2016.01.21 2015구합64375
식품시험,검사기관 및 축산물시험,검사기관 지정취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a food sanitary inspection institution under the former Food Sanitation Act (amended by Act No. 11985, Jul. 30, 2013; hereinafter the same) and an institute for livestock product sanitary inspection under the former Livestock Products Sanitary Control Act (amended by Act No. 11985, Jul. 30, 2013; hereinafter the same).

As the Act on Testing, Inspection, etc. in the Food and Drug Industry (hereinafter referred to as the "Food and Drug Industry Inspection Act") was enacted by Act No. 11985 on July 30, 2013 and enforced on July 31, 2014, food sanitary inspection institutions and livestock product sanitary inspection institutions were designated as food and food product inspection institutions and livestock product sanitary inspection institutions under Article 2 of the Addenda to the Act.

B. On April 20, 2015, the Defendant issued a disposition to revoke the designation of a food testing and inspection institution and a livestock product testing and inspection institution for the Plaintiff on the following grounds:

(hereinafter referred to as “instant disposition”) . D. D. D. by wife

Ⅰ. Cancellation of designation of testing and inspection institutions such as food;

1. Violation of Article 27 of the former Food Sanitation Act - Food sanitary inspection institution shall not issue a false report on food sanitary inspection intentionally or by gross negligence, but the institution (the plaintiff of this case) shall be "the 10 March 10, 14."

7. By December 28, 200, while conducting an inspection of related items with respect to B, etc. 151 micro-organisms by being requested to inspect the related items, the inspection shall be conducted with respect to the total of 5 autopsys by applying the "Ti-Gun Law (n-5), which is the method of inspection on the food code test as determined by the Director of Food and Drug Administration", and the results shall be stated in the test report. However, the result of the inspection shall be limited to one body, and the result of the inspection shall be recorded falsely as if all five autopsys were tested.- The above agencies shall have the value of 5 results as if they were conducting an inspection on the five body.

7. Until December 28, 200, the examination results with respect to 2 enterprises, such as the LABD Co., Ltd., had been “influent” results, but the examination results are re-confluent with the inspection requester through its operating members.

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