1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a person operating a “B agricultural partnership”, which is an incorporated farming association that engages in the business of cultivating a ridge between land for food in Kimhae-si and supplying it as a raw material for food.

B. The Ministry of Food and Drug Safety is a State agency established under the jurisdiction of the Prime Minister to take charge of affairs concerning the safety of food and drugs, and the Ministry of Food and Drug Safety establishes and implements an announcement of the Food Standards and Specifications (hereinafter “Food Code”) pursuant to Article 7(1) of the Food Sanitation Act.

The notice of this case lists the list of "raw materials that can be used for food", and [Attachment 2] list of "raw materials that can be used for food restricted to food", and [Attachment 3] list of "raw materials converted from temporary standards and specifications," respectively. However, the list of "raw materials converted from temporary standards and specifications" is not included between them.

C. Of the instant public notice, the part regarding “raw materials that cannot be used for food” in attached Table 3, among which the ridges are prohibited from being used for food, was deleted by the Ministry of Food and Drug Safety Notice No. 2016-43 on May 31, 2016.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Article 7(1) of the Food Sanitation Act, which is the mother of the Plaintiff’s assertion, delegates only the matters concerning “standards for manufacturing, processing, using, cooking, and preserving foods or food additives” and “standards for ingredients” to the Minister of Food and Drug Safety. However, the instant announcement goes beyond the scope of delegation without any ground and provides “standards for ingredients of food”.

Therefore, the notice of this case is invalid because it violates the principle of legal reservation and infringes on fundamental rights such as the right to pursue happiness of the people.

3. Determination ex officio as to the legitimacy of the instant lawsuit

(a) as shown in the Attachment of the relevant statutes;

B. An administrative disposition subject to judgment is an administrative agency.