logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.12.06 2018구합11623
과징금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. Article 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products (amended by Act No. 14207, May 29, 2016; hereinafter “Originating Origin Labeling Act”) provides that “No person shall make a false indication of origin or make an indication likely to cause confusion thereof,” and Article 6-2(1)1 of the Origin Labeling Act provides that “The competent authority may impose a penalty surcharge of not more than five times on a person who has violated Article 6(1) or (2) of the Origin Labeling Act at least twice a two-year period, on the ground that he/she has violated Article 6(2)1 of the Origin Labeling Act on the grounds that he/she has committed a violation at least twice.

In such cases, the number of violations of Article 6 (1) and the number of violations of paragraph (2) of the same Article shall be added up.

In accordance with the foregoing provision, the Plaintiff imposed a penalty surcharge of KRW 145,930,350 on the Plaintiff (hereinafter “instant disposition”). On September 1, 2015, the first violation Plaintiff, along with B, sold a domestic company produced in the area of Cheong-dong and water from September 1, 2015 to October 8, 2015, which was produced in the area of Cheong-dong and Cheong-dong, but sold only to Cheong-dong, etc., the Plaintiff placed a false advertisement on the said C and D website, stating that “this event, farm address: Cheong-gun, Cheong-gun, Gyeong-dong, Gyeong-do, G” and “Cheong-dong, Cheong-gun, Gyeong-dong, Gyeong-dong, Gyeong-dong, G” on D advertising, immediately sent Cheong-si, which was harvested at 300 meters from Cheong-dong 300 meters from the farm.

By posting a false advertisement to the effect that ‘the apology produced by 2,424 farmers in total in the discharge of the Cheongong-gun', the Cheongong-gun made a false or misleading indication of origin that could cause confusion with Cheongong-gun.

2. From October 1, 2015 to January 28, 2016, the fact that the Plaintiff was in violation of the second violation is zero percent.

arrow