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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 corporation that, on January 14, 2016, filed a business report on import-sale business, including imported food, and runs food trade business.
B. On April 2017, the Plaintiff imported the processed food, “NRG-5” (hereinafter “NRG-5”) from the German company, and on November 1, 2017, submitted to the Defendant an import declaration stating “B” the name of the raw material of the instant food or the material name that contacts with the food, “B” as “raw material of the instant food.” On November 1, 2017, the Plaintiff submitted to the Defendant an import declaration stating as “VITAMINS MINERS MINERS (“NE”)
C. Around November 2017, the Plaintiff additionally imported the instant food at the same company. On November 27, 2017, the Plaintiff submitted to the Defendant an import declaration stating the same part as the name of the raw materials and the name of the material in contact with food.
On January 17, 2018, as a result of a field investigation, public officials belonging to the Ganman Local Food and Drug Safety Agency discovered any product that the Plaintiff reported on November 27, 2017 as a result of the first import declaration on November 1, 2017, that is, “the product was added as a raw material”, unlike products for which the import declaration was made on November 1, 2017.
E. Accordingly, on March 22, 2018, the Defendant rendered a disposition of import and sale business (hereinafter “instant disposition”) pursuant to Article 20(2) and Article 29(1) of the former Special Act on Imported Food Safety Control (amended by Act No. 15482, Mar. 13, 2018; hereinafter “former Imported Food Act”) and Article 46 [Attachment 13] of the former Enforcement Rule of the Imported Food Act (amended by Ordinance of the Prime Minister No. 1442, Feb. 9, 2018) on the ground that the Plaintiff filed an import declaration differently from the fact without stating the raw materials added to the instant food at the time of filing an import declaration on November 27, 2017.
F. The plaintiff.