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(영문) 대법원 2016.03.24 2015두44295
영업정지처분취소
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment and the reasoning of the first instance judgment partially admitted by the lower court, the lower court acknowledged the fact that the Plaintiff operated the J-affiliated Store B, a J-affiliated (hereinafter “instant task”); and the chief of the Military Coast Guard, on August 26, 2013, upon the Plaintiff’s internal investigation with the Plaintiff on August 26, 2013, sold the instant cands to D one copy of the instant task at around March 14, 2013, where the Plaintiff was sold to D with three copies from the instant task at around March 18:39, and the said cands were included in one copy marked as of December 31, 2012 (hereinafter “instant cands”), and notified the Defendant thereof. Accordingly, the Defendant acknowledged the fact that the Plaintiff rendered the instant disposition of business suspension on August 15, 2013 on the ground that the Plaintiff stored the instant cands whose distribution period expired for sale purposes.

In addition, the lower court acknowledged the fact that D filed a civil petition with E on March 18, 2013 on the ground that the sales of cands of this case, the expiration of the circulation period, and demanded 100 times (2,500,000 won) of the sales amount to employees of the head office. The Plaintiff was investigated on the fact that the Gyeonggi Military Police Station under its jurisdiction sold cands of this case for which the circulation period expired, but the investigation agency was presumed to have sold the cands of this case, but it was presumed that the Plaintiff sold the cands of this case, but it was difficult to recognize the charge of violating the Food Sanitation Act because other violations than one cands of sugar were not discovered, and D purchased the cands of this case with 3 cands of the instant goods contained in the cands of this case, and delivered them to G 150 won on packaging and 250 won on March 14, 2013.

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