1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a company engaged in the production and sale of ice cream, ice cream, etc. in the voice group B of Chungcheongbuk-gun.

B. As the Ministry of Food and Drug Safety conducted a sanitary inspection on May 15, 2019 on the Plaintiff’s place of business, the Ministry of Food and Drug Safety: (a) confirmed that the Plaintiff manufactured and processed ice and 32,298 kilograms from January 15, 2019 to March 13, 2019; (b) the amount of water used notified on March 12, 2019 (the amount used from January 14, 2019 to February 13, 2019) was 1 cubic meters, and the amount of water used (the amount used from February 14, 2019 to April 12, 2019) was 0 cubic meters from around February 14, 2019 to around March 13, 2019; (c) the Plaintiff failed to undergo water quality inspection; and (d) the Plaintiff was able to undergo water quality inspection from around March 19, 2015.

C. On June 24, 2019, the Defendant issued a disposition of imposition of a penalty surcharge of KRW 9.3 million in lieu of 15 days of business suspension pursuant to Articles 44(1), 75(1), and 82(1) of the Food Sanitation Act (hereinafter “instant disposition”) against the Plaintiff on the ground of the instant violation.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2 (including those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion made ice manufacturing using water supply facilities, and used only the cooling water to use groundwater only.

1) The period from January 15, 2019 to March 13, 2019 (hereinafter “instant period of violation”).

(2) During the sanitary inspection conducted on May 15, 2019, the Plaintiff’s director signed a letter of confirmation stating that the water supply measuring instruments at the Plaintiff’s place of business are defective and operated, and that the Plaintiff’s director used groundwater without water quality inspection to manufacture ices at the time of the sanitary inspection. However, the Ministry of Food and Drug Safety is different from the facts.