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 that engages in livestock product distribution business, partial processed meat wholesale business, retail business, etc.

B. On May 27, 2019, a public official in charge of the Food and Drug Safety General Response Team inspected the Plaintiff’s workplace and stored the Plaintiff’s workplace from around 10:00 to around 11:40 on May 24, 2019 and notified the Defendant of the discovery of the fact that the Plaintiff contained the 16 product “B” among the spiced meat products up to January 27, 2020, seven products up to February 24, 2020, seven products up to May 9, 2020, seven products up to May 24, 2020, and one product up to 28.8.kgg (i.8k x 16 products) in total, but the Plaintiff contained the new package in the package and then indicated the new package to the Defendant until the end of 205.23, 2005.

C. Accordingly, on July 22, 2019, the Defendant revoked a business license for the Plaintiff and disposed of the relevant product in violation of Article 4 of the Food Labeling and Advertising Act (hereinafter “Food Labeling and Advertising Act”).

On May 12, 2020, the Central Administrative Appeals Commission rendered a ruling revoking a business license.

Accordingly, on June 8, 2020, the Defendant rendered a disposition of the suspension of business for three months (from July 13, 2020 to October 12, 2020) and the disposal of the pertinent product (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) Article 6 [Attachment VII] of the Enforcement Rule of the Food Labeling and Advertising Act provides that the revocation of the business license and the disposal of the pertinent product shall be made only once when the distribution deadline is modified.

This is a binding act contrary to the purpose of Article 16(1) of the Food Labeling Act, which provides that it is a discretionary act.