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(영문) 서울행정법원 2020.05.08 2020구합57844
폐기처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is an enterprise that reports and operates a livestock products sales business (meat sales business) to the Defendant pursuant to Article 21(1)7 of the Livestock Products Sanitary Control Act and Article 21 subparag. 7(a) of the Enforcement Decree of the same Act.

B. The Plaintiff purchased 16 air conditioning products (hereinafter “instant livestock products”) from B Co., Ltd. (hereinafter “B”) operating import-sale business, such as imported food, etc., 16 U.S. by-products, etc. listed in the attached Table 1 list. The period of distribution was from August 6, 2019 to November 3, 2019.

C. During the period from July 31, 2019 to October 4, 2019, the Plaintiff entrusted the instant livestock products storage business to C Co., Ltd. (hereinafter “C”), and stored the instant livestock products in the business place of the so-called The Plaintiff requested C to change the freezing and Korean language labelling of the instant livestock products from July 31 to October 4, 2019.

Accordingly, the livestock products of this case were converted into freezing products as shown in the attached list 1, and the circulation period was extended from July 30, 2020 to October 3, 2020.

On October 28, 2019, the head of the Seoul Regional Food and Drug Administration discovered that the Plaintiff stored the frozen products as above and displayed them by extending the circulation period in violation of the labelling standards. On October 29, 2019, the head of the regional food and drug administrations attached the instant livestock products pursuant to Article 36 of the Livestock Products Sanitary Control Act through the Superintendent of the Regional Food and Drug Administration having jurisdiction over the location of the business place of the Gannngu Free Trade Zone, and on the same day, notified the Defendant that the Plaintiff violated Article 4 of the Livestock Products Sanitary Control Act and Article 4 of the Act on Labeling and Advertising of Food, Etc.

E. On March 5, 2020, the Defendant issued a disposition to destroy the instant livestock products (hereinafter “instant disposition”) pursuant to Article 15 of the Food Labeling Act on the ground that the Plaintiff violated Article 4(5) of the Livestock Products Sanitary Control Act and Article 4(3) of the Food Labeling Act.

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