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(영문) 서울행정법원 2014.12.12 2014구합61620
수산물출하제한처분취소
Text

1. The Defendant’s disposition of restricting the shipment of fishery products for one month (from June 21, 2014 to July 20, 2014) against the Plaintiff on June 20, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff was designated as an intermediate wholesaler from the Seopo-si Fisheries Cooperatives of Seopopo-si and engaged in the intermediate wholesale business on the ground of Gipo-si and the Sea Sea Sea Seas, etc. from November 30, 1994.

B. At around 14:00 on June 3, 2014, Seoul Special Metropolitan City: (a) collected 16 miles, such as Domi, from B World Trade Association (C), and conducted the safety inspection of fishery products.

After that, the Seoul Special Metropolitan City notified the Defendant of the result of the inspection that “The standard quantity above the standard value in the Domi (hereinafter “the Domi in this case”) was detected (the standard quantity: 0.5g/km, and detection quantity: 0.69g/km).”

C. Accordingly, on June 20, 2014, the Defendant traced the sales route of the instant Domi, and sold the instant Domi to D fishery (E) within the Domi Agricultural and Fishery Products Wholesale Market, and thereafter, sold the instant Domi to B (C) via FFG, the Defendant issued a disposition of restricting shipment of fishery products for one month (from June 21, 2014 to July 20, 2014) pursuant to Article 38-2(2) of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (amended by Act No. 12509, Mar. 24, 2014; hereinafter “Agricultural and Fishery Products Distribution Act”) pursuant to Article 35-2(2)1 of the Enforcement Rule, and Article 35-2(2)1 of the same Enforcement Rule.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 and 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to Article 35-2(1) [Attachment 1] of the Enforcement Rule of the Agricultural and Fishery Products Distribution Act, the Plaintiff’s assertion (1) provides that the quantity of samples of each type of fishery product for the purpose of conducting safety inspection shall be collected inside and outside 3 miles or 2 km, 5 miles or 2 km or 2 km, from among middle-sized fish (at least 200g to less than 500g to less than 500g) and from among middle-sized fish (at least 200g to less than 50g). The Seoul Special Metropolitan City shall collect samples of each type of fishery product before the auction is traded before or at retail. The Seoul Special Metropolitan City shall collect samples from the auction date of March 20, 2014 to June 3, 2014.

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