1. The Defendant’s imposition of the penalty surcharge of KRW 63,600,000 against the Plaintiff on February 26, 2018 shall be revoked.

2...

1. Details of the disposition;

A. From December 26, 2016, the Plaintiff is operating a “finite sales and processing business” with the trade name “C” in Seocho-gu Seoul Metropolitan Government B.

B. On January 25, 2017, around 13:40 on January 25, 2017, the Plaintiff, by the control group of the Livestock Products Special Judicial Police Officers of the Jeollabuk-do Office, was found to have discovered that the Plaintiff received and stored and sold rice tea (hereinafter “instant violation”).

CD EF A

C. On September 8, 2017, the Defendant notified the Plaintiff of the administrative disposition (two months of business suspension) regarding the instant violation, and provided the Plaintiff with a prior notice of submission of opinions. On September 26, 2017, the Plaintiff submitted a written opinion stating that the Plaintiff complained against the Defendant.

On October 16, 2017, the Defendant issued a disposition of suspension of business for two months on the ground that “the Plaintiff was supplied with 5 km (transaction value of 312,000 won) produced by D without obtaining permission to manufacture and process livestock products, and sold or stored them for sale.”

E. The Plaintiff appealed and filed an administrative appeal, and the Jeollabuk-do Administrative Appeals Commission partially accepted the Plaintiff’s claim, and rendered a ruling that “the two-month business suspension disposition against the Plaintiff by the Defendant shall be changed to the imposition of a penalty surcharge in lieu of the two-month business suspension period.”

F. On February 26, 2018, the Defendant rendered a disposition to impose a penalty surcharge of KRW 63,600,000 on the Plaintiff in lieu of the business suspension period of the Plaintiff on February 26, 2018

(hereinafter “instant disposition”). The Defendant applied KRW 1060,000 as daily sales on the premise that the Plaintiff’s “C” store’s sales amount is more than KRW 10,000,000 but not more than KRW 12,000,000, and then calculated a penalty surcharge of KRW 63,60,000 (=1,060,000 x 60 days) by multiplying the business suspension period by two months (60 days).

Livestock products shall not be permitted pursuant to Article 33 (1) of the Livestock Products Sanitary Control Act for the reason of the change of administrative disposition.