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(영문) 수원지방법원 2019.03.28 2018구합68835
업무정지처분취소
Text

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 company that runs the cosmetic manufacturing business and the wholesale and retail business of cosmetics.

B. On July 31, 2018, the Defendant: “2-2” [3, 3-dichloros [1, 1.1-non-phenyl]-4, 4-di) non-straws [3-ok-Nphenylbolamad] (Pukn) (hereinafter “instant raw materials”)] (hereinafter “instant raw materials”), which are raw materials not used in manufacturing cosmetics, etc.

) The grounds for the disposition that he/she manufactured and distributed the cosmetic he/she manufactures and sells the cosmetic he/she manufactures and sells the cosmetic presses (hereinafter collectively referred to as the “instant cosmetics”), using the cosmetics, Articles 8(1) and 15 subparag. 5 of the Cosmetics Act, Article 24(1)11 of the Cosmetics Act, Article 29 of the Enforcement Rule of the cosmetics Act [Standards for Administrative Dispositions 7]

2. With regard to the individual standard subparagraph (o) (iii) under the relevant Act and subordinate statutes, three months of the suspension of the manufacture and operation of all the items (from August 10, 2018 to November 9, 2018) and three months of the suspension of the sale of all the items (from August 10, 2018 to November 9, 2018) (hereinafter referred to as "each of the instant dispositions") (hereinafter referred to as "each of the instant dispositions"), respectively.

3) The order was issued [Nos. 1 through 4, No. 3-1 and No. 3-2 of the grounds for recognition, and the purport of the whole pleadings.]

2. Whether each disposition of this case is lawful

A. The purport of the Plaintiff’s assertion is that each of the dispositions of this case is erroneous in applying the relevant laws and regulations or abusing discretionary power as follows, and thus, should be revoked.

1) On August 23, 2016, the Plaintiff’s raw materials are not in violation of the laws and regulations, on the ground that the instant raw materials are accurately inconsistent with non-stamp [3-ok-Libane] [3-Libane-1] 2-2” [4] 2-4, and 4] of yellow 205 (benzida Linzida EL), which is prohibited as prohibited raw materials in [Attachment 2] [Attachment 2] [Attachment 3] of the Ministry of Food and Drug Safety’s tar tar designation criteria and test method of pharmaceutical products, etc.]. Thus, the instant raw materials are not in violation of the laws and regulations.

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