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(영문) 서울행정법원 2018.01.25 2017구합69304
업무정지처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation operating the intermediate wholesale business of agricultural and fishery products, and B is the Plaintiff’s representative director, and C is the Plaintiff’s inside director and B’s wife, and is registered as a supplementary auction participant pursuant to Article 15 of the Seoul Metropolitan Government Ordinance on the Agricultural and Fishery Products Agricultural and Fishery Products wholesale (wholly amended by Ordinance No. 6490, May 18, 2017; hereinafter “instant Ordinance”).

B. Pursuant to Article 25(1) of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural and Fishery Products”) from the Defendant, the Plaintiff obtained permission for intermediate wholesale business as to the Cheongban of the Seoul Special Metropolitan City D market (hereinafter “D market”) established by the Defendant from July 1, 2013 to June 30, 2018.

C. On May 29, 2017, after undergoing the prior notification procedure on April 18, 2017, the Defendant issued a disposition to suspend business operations for six months (from August 1, 2017 to January 31, 2018) (hereinafter “instant disposition”) pursuant to Article 25(5)2 and Article 82(5)2-2 of the Agricultural Products Act, and Article 56 of the Enforcement Rule of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Enforcement Rule of the Agricultural Products Act”) as follows (hereinafter “instant disposition”).

(b) A head of an administrative disposition;

2. On October 19, 2016, the director of the Plaintiff’s director lent a bidding machine to participate in the auction under the name of the Plaintiff to the intermediate wholesaler E in order to achieve the standard for minimum trading amount for the intermediate wholesaler, and the above E was awarded a successful bid for the goods of KRW 19,123,000 in the name of the Plaintiff by taking a loan from C in the F through the daily auction with the aim of achieving the standard for minimum trading amount for the intermediate wholesaler. [Grounds for recognition] The fact that there is no dispute over the dispute, the entries in the evidence No. 1, 2, 8, and 9, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion that the non-existence of the grounds for disposition C can participate in the auction under the Plaintiff’s name (hereinafter “instant bidding”).

A) It was true that the Plaintiff lent E to E, however, the Plaintiff is a deceased person who pressing E from the opening of the instant response instruments.

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