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(영문) 서울행정법원 2019.10.18 2019구합52959
업무정지처분취소
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 stock company established for the purpose of certifying the business of certifying organic agricultural products, organic livestock products, pesticide-free agricultural products, and antibiotics and livestock products, and on October 31, 2014, the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Food, Etc. (hereinafter “Environmental-Friendly Agriculture and Fisheries Act”)

(i)be designated as a certification body for organic food, etc. (Agricultural Products without Agrochemicals) pursuant to Article 26(1) of the Act;

(Effective Period from November 3, 2014 to November 2, 2019. The Defendant may delegate part of the authority or duties of the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries under this Act to the Administrator of the Rural Development Administration, the Minister of the Korea Forest Service, the Mayor/Do Governor, or the Minister of Oceans and Fisheries, or the head of a school under Article 2 of the Higher Education Act pursuant to Article 58 (1) of the Environment-Friendly Agriculture and Fisheries Act and Article 5 (4) 10 and 16 of the Enforcement Decree of the Environment-Friendly Agriculture and Fisheries Act.

(4) The Minister of Agriculture, Food and Rural Affairs shall delegate his/her authority concerning agriculture, livestock, forestry, agricultural, livestock, and forest products (hereinafter referred to as "agricultural, livestock, and forest products") and processed agricultural, livestock, and forest products (excluding cases falling under subparagraph 2 of Article 3) among the following authority pursuant to Article 58 (1) of the Act to the Director of the National Agricultural Products Quality Management:

6. Revocation of the designation or a disposition for the suspension of business of an accrediting institution under Article 29 (1) and (2) of the Act (including cases applied mutatis mutandis in Article 35 (2) of the Act);

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