The plaintiff's claim is dismissed.

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

1. From January 24, 2019 to December 17, 2019, the Plaintiff operated an entertainment shop (hereinafter “instant store”) under the trade name “C” in Seopo-si B from Seopo-si, Seopo-si.

On November 7, 2019, the Defendant confirmed that, at the cooling house installed at the main room of the instant store, the food for which the distribution deadline has elapsed (hereinafter referred to as “mast food due to distribution deadline”) is stored.

The details are as follows:

연번 제품명 식품유형 단위 중량 개수 잔량 유통 기한 1 실 속 함박 스테이크 분쇄가 공육 1.5kg 1 1.5kg 2019.10.29. 1.8kg 1 1.8kg 2 비엔나 소세지 소시지 1kg 1 1kg 2019.06.14. 3 치킨 팝콘 분쇄가 공육 2kg 1 2kg 2019.09.20. 4 락 비엔나 소시지 830g 1 830g 2019.03.08. 5 동 원어 묵 어묵 495g 2 990g 2019.09.27. 6 삼호 어묵 어묵 240g 2 480g 2019.10.11. 7 케이 준 드레싱 소스 소스류 2kg 1 2kg 2019.09.12. 8 골뱅이 초장 소스류 2kg 1 2kg 2019.11.01. 9 신당동 떡볶이 소스 소스류 2kg 1 2kg 2019.09.09. 10 냉채 소스 소스류 1kg 2 2kg 2019.06.21. 11 연와 사비 향신료 조제품 500g 1 500g 2019.10.11. 합계 15 17.1kg

1. The Plaintiff did not violate the Food Sanitation Act.

2. Article 75(5) of the Food Sanitation Act and Article 89 of the former Enforcement Rule of the Food Sanitation Act (amended by Ordinance of the Prime Minister No. 1610, Apr. 13, 2020; hereinafter the same) / [Attachment 23], even if the Plaintiff violated the Food Sanitation Act, falls under a case due to minor negligence or minor negligence without intention.

I. The period of suspension of business under subparagraph 15 (e) of the General Standards shall be reduced to seven days;

3. On the other hand, the disposition of imposing penalty surcharge in lieu of the suspension of business.

At this time, the amount of penalty surcharge shall be KRW 441,01,00 per day ( = 36,751,000 x 12 months) equivalent to the annual sales amount of KRW 441,00 per day (=36,751,000 x 12 months) based on the annual sales amount of KRW 36,751,00, which was the lowest sales amount of the Plaintiff pursuant to Article 82(2) of the Food Sanitation Act and Article 53 [Attachment 1] subparagraph 1(b) of the Enforcement Decree of the same Act.