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(영문) 대구지방법원 2017.09.06 2017구합21274
인증기관지정취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. Details of the disposition; and

A. 1) The Plaintiff is a corporation engaged in the business of certifying organic agriculture and forestry products, organic livestock products, etc., and the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management and Support of Organic Food, Etc. (hereinafter “Environmental-Friendl

(2) The Defendant is an administrative agency delegated by the Minister of Agriculture, Food and Rural Affairs with the authority to designate an institution certifying agricultural, and livestock products pursuant to Article 58(1) of the Environment-Friendly Agriculture and Fisheries Act and Article 5(4) of the Enforcement Decree of the same Act and to revoke such designation.

B. The defendant's disposition of this case

1. Title of the disposition: Revocation of designation;

3. The number of cases where a shareholder of a certification body that caused the disposition concurrently holds office as an accrediting examiner - A shareholder in conducting certification affairs - A shareholder who is listed as a shareholder in the “detailed statement on the change of shareholder, etc.” as of January 24, 2017 * the number of examinations conducted as an accrediting examiner *: 17 cases in 2014, 15 cases in 2015, 15, 2016 - A violation subject to business suspension two times in recent three years - A violation subject to business suspension occurs again after having been subject to business suspension two times in the last three years - On February 21, 2014 and twice administrative dispositions: A disposition taken on February 4, 2016: An eco-friendly revocation certification institution;

5. Article 29 of the Environment-Friendly Agriculture and Fisheries Act, Article 35 [Attachment Table 10] of the Enforcement Rule of the same Act, legal grounds and provisions;

1. General standards:

(b) Where a violation subject to a disposition of business suspension occurs again after having been subjected to a disposition of business suspension twice during the latest three years (the third party relationship system);

2. Individual standards:

(i) In a case where the designation criteria under Article 26(6) of the Environment-Friendly Agriculture and Fisheries Act are not satisfied (the second violation), the Defendant issued a disposition revoking the designation of a certification institution against the Plaintiff (hereinafter “instant disposition”) on April 19, 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is an accrediting agency.

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