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(영문) 인천지방법원 2015.02.03 2014구단1502
식품위생법위반 과징금부과처분취소
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. On June 18, 2014, the Plaintiff, who operates a general restaurant in the name of “C” on the 1st floor of Gyeyang-gu Incheon, was found to have been aware of the three-Class 8 products with the expiration of the distribution period (four-type 1 products, i.e., the distribution period of June 16, 2014; three i.e., the distribution period of which was June 17, 2014; i.e., the distribution period of which was March 5, 2014).

B. On July 21, 2014, the Defendant imposed a penalty surcharge of KRW 10,200,000 in lieu of 15 days of business suspension on the Plaintiff following the procedure of prior notice of administrative disposition, etc.

(hereinafter referred to as “first disposition”). (c)

As a result of the Plaintiff’s appeal, on August 25, 2014, the Plaintiff filed an administrative appeal on August 25, 2014, which changed the imposition of a penalty surcharge in lieu of 15 days of business suspension to the imposition of a penalty surcharge in lieu of 10 days of business suspension (hereinafter “the first administrative appeal ruling”), and accordingly, on September 1, 2014, the Defendant changed the payment of a penalty surcharge of KRW 6.8 million in lieu of 10 days of business suspension to the Plaintiff by September 11, 2013.

(hereinafter referred to as “second disposition”) d.

However, as the Plaintiff did not pay the penalty surcharge to the Plaintiff, the Defendant urged the Plaintiff to pay the penalty surcharge up to October 1, 2014 on September 16, 2014.

The Plaintiff paid a penalty surcharge of KRW 6.8 million on October 2, 2014, which is the day following the notified payment deadline. However, the Defendant revoked the imposition of a penalty surcharge on the ground that the payment deadline had already lapsed and changed the disposition to suspend the business for a period of ten days from October 3, 2014 to October 12, 2014 (hereinafter “third disposition”) (hereinafter “third disposition”), and the Plaintiff’s situation that the suspension of the business is expected to incur losses due to the suspension of the weekend business was changed from October 7, 2014 to October 16, 2014.

hereinafter referred to as "fourth measure".

E. On December 1, 2014, the Plaintiff filed a second administrative appeal, and the Plaintiff revoked the disposition of imposing the penalty surcharge as of October 2, 2014.

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