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(영문) 대구지방법원 2017.01.10 2016구합21451
업무정지처분취소
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 established on May 9, 2009 and aimed at the certification of eco-friendly agricultural products and the certification of post-management.

B. On June 1, 2016, the Defendant: (a) deemed that part of one parcel (3,633 square meters) applied to the Plaintiff for rice farming in the course of the document and field examination on the Jeonnam-gun YY-gun Y-gun YU as a rice farm, water pool, dry field (1,33 square meters) was not cultivated (1,33 square meters), and approved the entire certification of the parcel by preparing and reporting the examination result differently from the fact in the examination report on the examination report on the ground that “on-site examination area and farming items are identical; and (b) accordingly, the Defendant: (c) approved the entire certification of the parcel; (d) Article 29(1)6 of the Act on the Fostering of Environment-Friendly Agriculture and Fisheries and the Management and Support of Organic Food, Agriculture, Forestry and Rural Affairs (hereinafter “the Environment-Friendly Agriculture and Fisheries Act”); (e) Article 35 [Attachment 10] of the Enforcement Rule of the Environment-Friendly Agriculture and Fisheries Act (hereinafter “Enforcement Rule of the Environment-Friendly Agriculture and Fisheries Act”); (c) Article 10 or 2616.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 (including a paper number, hereinafter the same shall apply), and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The non-existence of the grounds for disposition D, which belongs to the Plaintiff, is Jeonnam-gun E (hereinafter “the first application site”).

) and F (hereinafter referred to as “the second application site”)

While the field examination of rice growing farmland located in the area was conducted, the first application area is 2,300 square meters in each application area, and the second application area is 2,312 square meters in each application area, and the second application area is 2,312 square meters in each application area. In the process of computerizing the results of certification by G belonging to the Plaintiff, the area of the first application area in each error.

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