1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a company that supplies food materials to the meal service facilities of elementary, middle and high schools located in the Defendant after reporting the food sales business in Michuhol-gu Incheon Metropolitan City.

The defendant is a local government which is a public corporation and has the superintendent of education as an executing institution.

B. On March 26, 2015, the sanitary checkup group of food materials suppliers of school meal ingredients led by the Incheon Metropolitan City Southern District Office of Education visited the Plaintiff’s office to conduct an inspection, and found that the distribution period has expired and several spams and spams are kept.

On March 27, 2015, the head of the office of education of the Incheon Metropolitan City Southern District Office of Education notified the head of the Nam-gu Incheon Metropolitan City Office of Education of the violation of the law that "the plaintiff displayed and stored sams and sams for the purpose of selling meal service facilities". On May 1, 2015, the head of the Nam-gu Incheon Metropolitan City Office of Education kept foods, the distribution period of which has expired, to be sold to meal service facilities, and thereby violated Article 44 (1) of the Food Sanitation Act" on the ground that "the plaintiff, who is a food service facility dealer, stored such foods for the purpose of selling them to meal service facilities, and thereby violated Article 75 (1) of the same Act." However, the period of business suspension was 15 days from May 18, 2015 to June 1, 2015 (the period of business suspension was changed from July 22, 2015 to August 5, 2015).

C. On July 10, 2015, the Plaintiff filed a lawsuit against the Nam-gu Incheon Metropolitan City Mayor to seek the revocation of the instant disposition as the Incheon District Court 2015Gudan1141 on July 10, 2015. On the same day, the Plaintiff filed an application for the suspension of execution as the Incheon District Court 2015Ka141 on the same day, and the court of the case, which filed an application for the suspension of execution, decided to suspend the execution of the instant disposition from July 30, 2015 to the date the judgment of the instant case was rendered.

The superintendent of the office of education of the defendant on July 23, 2015.