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(영문) 제주지방법원 2019.09.05 2017가합13201
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s farm operation 1) The Plaintiff’s farm located in Jeju City from around 2012 to Jeju (hereinafter “instant farm”).

2) The former Environment-Friendly Agriculture and Fisheries Act (amended by Act No. 14305, Dec. 2, 2016; hereinafter “former Environment-Friendly Agriculture and Fisheries Act”) is applicable to the fostering of environment-friendly agriculture and fisheries and organic food, etc.

(2) The Plaintiff purchased feed used in the instant farm from D Co., Ltd. (hereinafter “D”).

B. The National Agricultural Products Quality Management Service visited the farm of this case to inspect prohibited substances on September 8, 2016, approximately 2 km from the feed used by the Plaintiff at the time of visiting the farm of this case (hereinafter “instant feed”).

(2) On September 29, 2016, the Livestock Industry Research Institute of E Organizations inspected the instant feed in accordance with Charm II, which is a static test method, and concluded that the teharm analysis method was detected, which is a kind of animal medicine.

On October 5, 2016, the National Agricultural Products Quality Management Service requested the defendant to conduct an administrative disposition by conducting a production process investigation on the farm of this case based on the above results.

C. On October 26, 2016, the Defendant conducted a field investigation on the farm of this case in the presence of the Plaintiff. (2) As a result of the foregoing investigation, the Defendant concluded that there is no particular circumstance to suspect mixing of external substances in the trace or feed supply facilities using antibiotics inside and around the farm of this case.

3. The defendant made a statement from D's employees to the effect that "no possibility of cross-pollution may occur during the feed supply process."

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