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(영문) 대구고등법원 2019.11.01 2018누5230
업무정지처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

(b) is an institution entrusted with authority, such as business suspension;

B. On January 18, 2018, the Defendant issued a disposition ordering the Plaintiff to suspend its business for six months (the evidence No. 1; hereinafter “instant disposition”) on the following grounds that the Plaintiff failed to comply with the procedure or method for the examination of certification under the Environment-Friendly Agriculture and Fisheries Act, such as the Plaintiff’s failure to conduct the inspection of livestock excreta and issuing certification of eco-friendly agricultural and livestock products.

Article 20 (6) of the Environment-Friendly Agriculture and Fisheries Act, Article 11 (4) of the Enforcement Rule, and Article 7 (3) [Attachment Table 2] of the Detailed Guidelines for Certification of Environment-Friendly Agriculture and Fisheries Products and Organic Food Products

1.(c)

5) (B) Although a remaining inspection is conducted on the livestock products or livestock excreta of a newly applied individual farmer in accordance with ? Even though it is required to conduct an on-site inspection on the newly certified non-biotic livestock products (meat, fry, eggs, blood, and livestock excreta), it is not necessary to conduct an on-site inspection on 10 other than B (C) even though it is required to conduct an on-site inspection on the newly certified non-biotic livestock products.

(bb) Six months of business suspension of certification of environment-friendly agricultural and fishery products - Period of suspension: from January 24, 2018 to July 23, 2018 - Business subject to suspension: Business of receiving, examining, and approving an application for extension of the term of validity of certification under Articles 10, 11, 12, 13, 16, and 41 of the Enforcement Rule of the Environment-Friendly Agriculture and Fisheries Act; * feasible business: Change of items, investigation of production process, succession to certification, legal basis for and contents of re-issuance of certificates, Article 29 of the Environment-Friendly Agriculture and Fisheries Act, Article 35 (Detailed Criteria for Cancellation of Designation as Certification Agency) - (1) of

(g) Procedures and methods for conducting examinations for certification under Article 20 of the Act (including cases applied mutatis mutandis in Article 34 (4)) by intention or gross negligence, or Articles 21 and 34 of the Act;

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