1. A disposition taken by the Defendant against the Plaintiff on March 5, 2015 to recall the pertinent product (production fertilizer on January 12, 2015) shall be revoked.

Details of the disposition

The plaintiff is a corporation that produces and sells organic fertilizers, such as compost of livestock, etc., in 53-69, Sinnam-si, Sinnam-gun, Youngnam-gun, Sinnam-gun, after completing the registration of fertilizer production business.

On January 14, 2015, the Defendant visited the Plaintiff, and requested the president of the Foundation for Agricultural Technology Commercialization to analyze its ingredients by collecting samples from six spawn among the livestock manure produced on January 12, 2015 (hereinafter “eatch”). On January 29, 2015, the Defendant sent the Defendant’s reply to the effect that the said spawn content of the said samples is 3.01%.

The Defendant issued a collection disposition against the Plaintiff on March 5, 2015, on the ground that the salt content of the compost in this case exceeds 3.0% as above, and that the Plaintiff violated Article 19 subparag. 3 of the Fertilizer Control Act. The Defendant issued a collection disposition against the Plaintiff on March 5, 2015 (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 4 (including each number), the plaintiff's assertion of the whole purport of pleading, and the plaintiff's assertion of relevant Acts and subordinate statutes should be revoked for the following reasons.

Article 19 subparag. 3 of the Fertilizer Control Act provides that the difference between the certified ingredient quantity under Article 14(1) of the same Act and the actual ingredient quantity exceeds the standards prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs shall be ordered to take measures to recover fertilizers. Article 2 subparag. 4 of the Fertilizer Control Act provides that with respect to fertilizers produced, imported, or sold by fertilizer business operators, the minimum quantity of the major ingredient containing the fertilizer shall be indicated in a percentage, and Article 4(1) and [Attachment Table 3] of the Act shall be one of the organic ingredient and other standards.