1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff is engaged in the business of importing and selling frozen fishery products in Vietnam, etc. from 139, 401, 401, 139, 401, 200, Seo-gu, Busan.

On March 27, 2018, pursuant to Article 20(1) of the Special Act on Imported Food Safety Control, the Plaintiff reported to the Defendant on the importation of freezing (total quantity 2,340 C/T, net weight 12,35.2kg, dutiable value US$63,258.62, hereinafter “instant freezing”).

Article 21 of the Special Act on the Safety Control of Imported Food, Etc. and Article 30 [Attachment 9] subparagraph 2 (b) of the Enforcement Rule of the same Act were designated as an item subject to intensive control and classified as an item subject to intensive control. Accordingly, the Defendant, on March 27, 2018 and March 28, 2018, collected the freezing of this case on three occasions pursuant to the “standards and Specifications for Food, etc.” of the Ministry of Food and Drug Safety Notice No. 2018-18 of the Ministry of Food and Drug Safety, inspected the content and ice content in accordance with the “Standards and Specifications for Food, etc.” of the Ministry of Food and Drug Safety notification. As a result of the inspection, the content quantity of the freezing of the instant freezing of this case falls short of 25g, compared to 220g, which is less than that of the indicated content quantity, found to have violated 9g “the scope of allowable error of the indicated quantity and the actual quantity of food, etc.”

On March 30, 2018, the Defendant made it correct to the Plaintiff on March 30, 2018, for the following reasons: (a) the content quantity and ice content inspection in accordance with the Freezing Fishery Products Contents and the Frosing ice ice Testing Act; and (b) the content quantity indicated in the indication in Korean on the ground that the content quantity exceeds 20% of the deficient quantity prescribed in the labelling criteria for food, etc., and that the content quantity indicated in the indication exceeds 20% of the substance quantity, so that the content indicated in the Chinese description does not exceed the permissible error range (9g) prescribed in the labelling criteria for food, etc.