The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is the representative of a corporation that runs the wholesale and retail business of food, such as salted fish.

B. The Director General of the Korea Centers for Disease Control and Prevention under the Defendant’s control and Prevention (hereinafter “the Director General of the Korea Centers”) conducted in-depth epidemiological investigations on hepatitis A, which came into effect on September 11, 2019.

Since the cause is confirmed to be a fished fish, the report material that recommends that the salted fish would be suspended until the safety is confirmed is distributed.

C. The Ministry of Food and Drug Safety, from September 11, 2019 to September 25, 2019, pursuant to Defendant’s Korea Food and Drug Administration: (a) conducted an inspection of transfer of the salted fish products in domestic circulation; and (b) recovered and discarded a part of the salted fish products distributed and sold by Company B when the genes of hepatitis A was detected from some of the salted fish products.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. The Korea Centers for Disease Control and Prevention established under the Defendant’s assertion that the Plaintiff was the salted ground of the salted fish is insufficient, and the Plaintiff officially reported that the salted fish was rapidly raised based only on the result of the next fright research, and strongly recommended that the intake of all the sled fish would be suspended without specifying the contaminated sled fish, thereby preventing the Plaintiff from distributing and selling the fished fish stored in the warehouse.

In addition, around October 2019, the Gu office hygiene and public officials found the Plaintiff's place of business and forced the Plaintiff to dispose of all sled fish that can be distributed normally and suspend sales.

As a result, the plaintiff actually left in the status of business closure and suffered from irrecoverable mental distress only with compensation for property damage. The defendant is obligated to pay consolation money of KRW 10,000,000 to the plaintiff as tort liability under the Civil Act or liability for damages under Article 2 of the State Compensation Act.

B. In determining tort, the existence of harmful acts by intention or negligence, and the occurrence of such act and damage.