1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment on the plaintiff’s argument of the first instance under Paragraph (2) below, and thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the Plaintiff’s assertion of the trial

A. In light of the fact that the Plaintiff’s assertion does not intentionally keep the unreported imported foods, the Plaintiff’s act of storing the unreported imported foods cannot be deemed to have a significant impact on the national health, the Plaintiff had no profit from selling the unreported imported foods, and the Plaintiff’s infringement of private interest is excessive compared to the public interest to be achieved due to the instant disposition, such as where the Plaintiff cannot continue the restaurant business due to the instant disposition, etc., such as where the Plaintiff was placed in a situation where the Plaintiff was unable to continue the restaurant business, etc., the instant disposition was rendered without considering the mitigation of the period of business suspension or the disposition of penalty surcharge on behalf of the business suspension as prescribed by the relevant statutes, such as the Food Sanitation Act, etc., and thus, the instant disposition was unlawful.

B. Article 89 [Attachment 23] 2-1 of the Enforcement Rule of the Food Sanitation Act, which provides the criteria for specific administrative disposition against a violation of the Food Sanitation Act, provides that if a person sells, stores, displays, etc. imported foods for sale without filing an import declaration in violation of Article 4 of the Food Sanitation Act, he/she shall be subject to a disposition of suspension of business for two months for the first violation of the Food Sanitation Act. Meanwhile, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is merely that the criteria for administrative disposition are prescribed in the form of Ordinance, and it is nothing more than that for the internal

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