1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 12, 2011, the Plaintiff is operating a food sales business establishment (hereinafter “instant business establishment”) which reported food sales business under the trade name “C” from macro-si from October 2, 201.

The Defendant: (a) on October 8, 2014; (b) around 14:40 on August 25, 2014, on the ground that the Plaintiff displayed and stored products, the distribution period of which has expired at the instant business establishment, for the purpose of sale; (c) Articles 44(1) and 75(1)13 of the Food Sanitation Act; (d) Article 89 of the Enforcement Rule of the same Act, and [Attachment Table 23]

Ⅱ Individual Standards:

2. The Plaintiff did not pay a penalty surcharge of KRW 9,940,00 in lieu of seven days of business suspension under subparagraph 9(a)(iii) of the same paragraph. As the Plaintiff did not pay a penalty surcharge, the Defendant revoked the disposition imposing the penalty surcharge on the Plaintiff on January 5, 2015, and issued seven days of business suspension for the instant business establishment from January 19, 2015 to January 25, 2015 (hereinafter “instant disposition”).

1) The Plaintiff did not have any intention to keep the product for sales purposes after the expiration of the distribution period, and thus, the instant disposition was unlawful on the ground that there was no dispute. The Plaintiff did not have any intention to keep the product for sales purposes after the expiration of the distribution period. Thus, the instant disposition is unlawful on the ground that there was no ground for disposition.

2. Even if the fact of violation of domestic law is acknowledged, the instant disposition is an illegal disposition that goes beyond the reasonable scope of discretion, and thus, is revoked in light of the fact that the quantity and amount of the product for which the period of distribution expires falls under extremely part of the entire product sold at the instant business establishment, there was no intention to sell it to the Plaintiff, and that the Plaintiff did not receive prior notice of inspection.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Sanctions against the existence or absence of administrative regulations are the objective fact of violation of administrative regulations in order to achieve administrative purposes.