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(영문) 광주지방법원 2017.01.12 2016구단11035
영업정지처분취소
Text

1. The disposition of business suspension rendered by the Defendant to the Plaintiff on October 16, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of disposition;

A. From May 1, 2014, the Plaintiff runs a food sales business in the trade name, “Korea-do Embrate (hereinafter “instant Emb”),” from around 1, 2014, the name of “Korea-do Embrate (hereinafter “Seoul-do Emb”).

B. On October 16, 2015, the Defendant issued a seven-day disposition of business suspension against the Plaintiff on the ground that “the Plaintiff sold spams (the expiration date of distribution, June 26, 2015) of mobilization spams for which the distribution period has elapsed on August 11, 2015.”

C. On January 28, 2016, the Plaintiff filed an administrative appeal, and on January 28, 2016, the Jeonnam-do Administrative Appeals Commission rendered a decision to reduce seven days of business suspension to three days.

(hereinafter referred to as “instant disposition”), which was mitigated on October 16, 2015 due to the three-day suspension of business, 【Grounds for Recognition”), 【In the absence of any dispute,” described in the evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion did not display the products whose distribution period has expired for the purpose of sale, and the so-called "mara" fabricated compensation and falsely reported it. Thus, there is no ground for the disposition in this case.

B. According to the purport of the oral argument in the statement No. 9 of the judgment of the court below, a reporter may be found to have taken the mobilized sams, the distribution period of which has elapsed, calculated them, and then reported to the Anti-Corruption and Civil Rights Commission, along with photographs and receipts. However, the following circumstances, which are acknowledged as being comprehensively taken into account the entire purport of the oral argument as a result of this court’s verification of video CDs, namely, ① on May 24, 2014, the Plaintiff sold 7 products purchased by the reporter after being supplied 8 sams and sams to the sams to the sams to the sams to the sams to the Non-Corruption and Civil Rights Commission. ② The remaining products were supplied to the Plaintiff at the time when the distribution period was delivered to the Plaintiff.

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