logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.11.25 2015누52557
과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the part of the judgment of the court of first instance is modified as stated in the reasoning of the judgment of the court of first instance; and (b) the part concerning the Plaintiff’s assertion is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for adding the judgment on the Plaintiff

2. The amended part No. 3 is amended by inserting “(b) related laws and regulations: as shown in the separate sheet.”

In Part 3, the "Determination" in Part 9 shall be deemed to be "......"

Part 3 add “Health Units,” in Part 19, to the following:

The purpose of the Food Sanitation Act is to prevent sanitary harm caused by food, promote the qualitative improvement of food nutrition, and provide correct information on food, thereby contributing to the improvement of national health. On the other hand, the standards for food sanitation may vary depending on the development of the food industry, and the technical and professional ability or time adaptation ability of the National Assembly is required, but there is a limit in the technical and professional ability or time adaptation ability of the National Assembly. In addition, it is difficult to specifically determine the detailed matters of the punitive administrative disposition against the persons engaged in the manufacture or processing business of foods and food additives due to diverse kinds and forms of food subject to regulation in various laws, and it is recognized that detailed standards, etc. for such punitive administrative disposition need to be delegated to flexible

Article 75 (1) of the former Food Sanitation Act provides for matters subject to a punitive administrative disposition, and Article 75 (4) provides that detailed criteria for administrative disposition such as revocation of a business license, suspension of business for not more than six months, and closure of a business office shall be prescribed by Ordinance of the Prime Minister in consideration of the type, degree, etc. of the relevant violation.

arrow