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(영문) 제주지방법원 2017.08.23 2017구합5090
친환경농산물인증취소처분취소청구
Text

1. On December 28, 2016, the Defendant’s revocation of certification of eco-friendly agricultural products against the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. From around 2012, the Plaintiff purchased feed from the Pampco Co., Ltd. (hereinafter “Pampco”) in Jeju-si farm (hereinafter “instant farm”) and operated the meat farm. The Plaintiff obtained certification of eco-friendly agricultural products (anti-bioticd livestock products) from the Defendant designated as an accrediting agency pursuant to the former Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management and Support of Organic Food, Etc. (wholly amended by Act No. 14305, Dec. 2, 2016; hereinafter “former Environment-Friendly Agriculture and Fisheries Act”).

B. On September 8, 2016, the National Agricultural Products Quality Management Service visited the farm of this case and requested the National Institute of Agricultural Cooperatives to collect approximately 2 km (hereinafter “instant feed”) from among the feed used at the time.

C. As a result of the NAF’s inspection of the instant feed on September 29, 2016 in accordance with Charm II, which is the method of static test, the Charm II, the Livestock Industry Promotion Institute of Agricultural Cooperatives (hereinafter “CF”) discovered a single class of animal medicine; and on October 5, 2016, the National Agricultural Product Quality Management Institute requested the Defendant to conduct a production process survey, etc. on the instant farm.

On October 26, 2016, the Defendant had a staff member in charge of the instant farm conduct an investigation into the instant farm. As a result of the on-site investigation, the Defendant stated to the effect that there was no particular circumstance to suspect mixing of external substances in scams using antibiotics inside and around the instant farm or in feed supply facilities, and that the employees visiting the Defendant stated to the effect that “the possibility of cross-pollution may not occur during the feed supply process.”

E. In the instant feed, the hearing procedure was conducted on December 5, 2016 with respect to the detection of animal drugs as seen above. The professor at Jeju University University, which had been presiding over the above hearing, was the interested parties, including the Plaintiff, including the Defendant and Pampco.

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