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(영문) 부산지방법원 2018.02.07 2017구단21290
영업정지처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are companies running the import-sale business of imported foods, etc.

B. On March 31, 2016, the Plaintiff Ilgung, Inc., an exporter located in China, imported freezing resin from the “FINGCOYOYOYOYUTAPPTRCO. LTD.” and filed an import declaration with the Defendant on March 31, 2016 pursuant to Article 20(1) of the Special Act on Imported Food Safety Control (hereinafter “Import Food Act”), and the relevant import declaration was accompanied by a forged sanitary certificate.

C. On January 14, 2016 and March 18, 2016, when importing freezing from “SUPPER GOD FOD POD FOD LIMFD”, the exporter located in China, the Plaintiff COED import declaration was filed with the Defendant on January 14, 2016 and March 18, 2016, and each import declaration was accompanied by a forged sanitary certificate.

Plaintiff

On April 4, 2016, Maritime Affairs and Trade Co., Ltd. imported freezing from the "FUINGCOY BYOYOYUT APS PCR COMD.", an exporter located in China, and filed an import declaration with the Defendant on April 4, 2016. The import declaration was accompanied by a forged sanitary certificate.

(hereinafter referred to as “instant sanitary certificate”) all of the forged sanitary certificates. (e)

On October 31, 2017, Article 20(2) and Article 29 of the Imported Food Act, and Article 4 of the Addenda of the Enforcement Rule of the former Special Act on Imported Food Safety Control (amended by Ordinance of the Prime Minister No. 1371, Feb. 22, 2017; hereinafter “Enforcement Rule of this case”) provides that “The defendant shall comply with the previous provisions, notwithstanding the amended provisions of the attached Table 13, with respect to the administrative disposition standards for the offenses prior to the enforcement of these Rules, on the grounds that he/she filed an import declaration on the freezing of the Republic of Korea on the grounds that he/she had forged sanitary certificate attached thereto.”

Pursuant to Article 27(1)7 and Article 46, 15 days of business suspension (hereinafter “instant disposition”).

【Ground of recognition】 dispute.

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