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(영문) 수원지방법원 2018.02.09 2017구단8105
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) The Plaintiff is a company that runs a food service business under the name of Company A. The Plaintiff supplied food materials to the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, upon setting the period from May 1, 2017 to May 31, 2017. On May 26, 2017, the Plaintiff supplied 1kg 35 g stuffs (hereinafter “instant product”) after the expiration of the distribution period (til May 24, 2017) and discovered them while the instant school’s dietitian (nutrition C) inspected the products.

Shebly, on July 17, 2017, the Defendant, following lawful prior procedures, against the Plaintiff on July 17, 2017, Article 44(1) and Article 75(1) of the Food Sanitation Act, and attached Table 23Ⅱ of the Enforcement Rule of the same Act.

2) Based on [the case where subparagraph 5 (e) of attached Table 17 is in violation of] 15 days (from August 16, 2017 to August 30, 2017) the instant disposition was rendered, this court rendered a decision on August 4, 2017 that “the instant disposition was suspended by the time the instant judgment is rendered.” 【The instant disposition was rendered by the time the instant judgment is rendered.’ 【The fact that there is no dispute over the grounds for recognition, evidence No. 1, evidence No. 1, evidence No. 2, evidence No. 2, evidence No. 3, evidence No. 7 through 12, and the purport of the entire pleadings.

2. (i) The Plaintiff operating a food sales business of meal service facilities shall not subdivide, transport or display products, food or the raw materials thereof, the circulation period of which has expired for cooking and selling, or sell or manufacture or process food (Article 44(1)3 of the Food Sanitation Act and Articles 21 subparag. 5 and 29(1)5 of the Enforcement Decree of the same Act). If the Plaintiff violates Article 44(1)5 of the same Act, the Mayor, etc. may cancel the business license or suspend all or part of the business for a fixed period not exceeding six months (Article 75(1)13 of the Food Sanitation Act), and the detailed criteria for the administrative disposition shall be determined by Ordinance of the Prime Minister, considering the type of the offense

(Article 75 (5) of the Food Sanitation Act). The detailed criteria for administrative disposition shall be set according to the above delegation basis.

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