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(영문) 의정부지방법원 2019.10.01 2018구합13495
시정명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

From June 1, 2016, the Plaintiff supplied Modin 63 units in total of the Army, Navy, and Air Force.

However, during the period from May 2017 to July 2017, the Plaintiff supplied to the military unit (hereinafter “instant Yangdozins”). The distribution period was discovered in white mycoin (hereinafter “instant mycoin”) from October 6, 2017, respectively.

Accordingly, on September 15, 2017, the Defendant issued a corrective order pursuant to Article 71 of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 7(4) of the Food Sanitation Act by mixing myi with punginins.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, and Eul evidence Nos. 1, and the purport of the entire pleadings as to the legitimacy of the disposition of this case, the plaintiff's assertion as to the legitimacy of the disposition of this case <1> Although the Yangdoin is kept in the upper temperature (15-25C), it was kept in the warehouse exceeding the proper storage temperature because it was not equipped with cooling equipment in the lower temperature, ② in the military unit as the sealed condition of the PET-container container containing both Modoins in this case was damaged in the course of transporting the Yangdoins from the military unit to the lower unit, it cannot be ruled out that the possibility of this case occurred. ③ Although the defendant's public official was inspecting the plaintiff's place of business at the time of absence, it was impossible to find problems in the manufacturing process and storage of products, and in the Mocosium supplied to the private sector, the disposition of this case was unlawful because there was no reason for the plaintiff's production and storage in the military unit.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Gap 6.

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