1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is operating a food manufacturing and processing business with the trade name “C” in the Pyeongtaek-gun B.

B. On June 23, 2014, D, the former operator of C, operated E B Brog (F) for advertising mixed drinks manufactured by the above company, and “G” in the category of “blood’s blood pressure health information” in Brogsing “G”, and “H image sold H image”) provides for the purpose of preventing high blood pressure and helping to lower blood pressure. In addition, in order to prevent high blood pressure, D’s previous operator posted a notice to the effect that the above mixed drinks are “(high blood pressure, the above blood pressure, the blood transfusion, the weight of the blood, the removal of the weight, the removal of oxygen, etc.” by 13 times in total by August 12, 2014.

(hereinafter referred to as “instant advertisement” in total)

On June 19, 2017, the Defendant issued an administrative disposition against the Plaintiff on the ground of the violation of Article 13 (Prohibition of False Indication, etc.) of the Food Sanitation Act (hereinafter “instant disposition”). D.

On June 29, 2017, the Plaintiff claimed revocation of business suspension to the Jeonnam-do Administrative Appeals Commission, but was dismissed on September 28, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 8, 21, Eul evidence Nos. 3, 4, and 8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Plaintiff’s assertion 1) The publication of the instant advertisement on the Blogs was conducted not by the Plaintiff but by the Plaintiff’s employees I at will, so the instant disposition is unlawful. 2) The instant advertisement was conducted by the Defendant prior to the act of the cause of the administrative disposition on January 9, 2015 [15 days of business suspension (from January 28, 2015 to February 11, 2015) and 15 days of the suspension of manufacture of items (from February 12, 2015 to February 26, 2015) (hereinafter “previous administrative disposition”), and its entirety is identical to that of the instant act.