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(영문) 대전지방법원 2016.06.02 2016구단136
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. From January 21, 201, the Plaintiff was operating “C” located in Sejong Special Self-Governing City on January 12, 2016, and around 13:40 on January 12, 2016, the Plaintiff was found to have stored 120g 9 (distribution period September 14, 2015) of 120g 120g (distribution period) on the top of the Defendant’s business site in charge of the receipt of civil petitions, when the distribution period of which has elapsed four months, at the inspection of the Defendant’s business site in charge of the production of food materials, and at the top of the Defendant’s business site, the food bak whose distribution period has elapsed at least two months (distribution period, October 29, 2015) and at the expiration of 850g gh (distribution period, October 10, 2016).

B. On January 21, 2016, the Defendant issued a disposition imposing a penalty surcharge of KRW 15 million in lieu of 15 days of business suspension (hereinafter “instant disposition”) upon the Plaintiff on February 12, 2016, on the ground that “the Plaintiff stored raw materials or finished products, the distribution period of which has expired, such as the above (A) for cooking and selling them, for the purpose of cooking and selling them” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4 (including paper numbers), Eul evidence Nos. 1, 3, and 7, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant’s disposition of this case is unlawful, since it is not for the purpose of cooking and providing it to the employees at construction sites, nine breaths, nine breaths, one breast, and one breasts, and one breasts were for food.

B. The Defendant’s disposition of this case is an unfair disposition that deviates from or abused discretion, considering that the exposed volume is so small that the circulation deadline expires, the amount of the penalty surcharge (the amount that can be punished by selling food in 222) is considerably high, and the sales amount, which is the basis for calculating the penalty surcharge, is not the Plaintiff’s revenue.

3. Determination of legality of the instant disposition

A. It is the fact recognized in the above 1. Paragraph 1. as to the existence of the reasons for the disposition.

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