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(영문) 서울행정법원 2018.11.23 2018구합55043
인증기관 지정취소 취소 청구
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. On November 30, 2012, the Plaintiff is designated as an accrediting institution, such as organic pesticides and livestock products, pursuant to Article 26 of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management and Support of Organic Food, Etc. (hereinafter “environment-friendly Agriculture and Fisheries Act”) and carries out the relevant certification management.

B. From September 18, 2017 to October 17, 2017, the Defendant conducted a special inspection on whether 57 certification institutions, including the Plaintiff, comply with the standards and procedures for certification under the Environment-Friendly Agriculture and Fisheries Act.

C. According to the aforementioned special inspection results, the Defendant failed to comply with the procedures for and methods of disposal, such as examination for certification, etc. under Article 20 of the Environment-Friendly Agriculture and Fisheries Act, intentionally or by gross negligence, by granting the Plaintiff certification of non-bioticd livestock products (including livestock excreta) to 31 farms from September 28, 2016 to September 19, 2017 (hereinafter “reasons for disposal 1”), and (2) conducted an investigation of production process (after post management) with respect to a certification business entity at least once a year, and reported the result to the Plaintiff. However, the Defendant failed to comply with the certification standards under Article 27 of the Environment-Friendly Agriculture and Fisheries Act for the production process investigation (after post management investigation) and failed to comply with the first 3 years of certification standards for organic food products (hereinafter “reasons for disposal 2”), and the second 10 years of certification on the grounds that agricultural and fishery products were not subject to certification standards under Article 27 of the Environment-Friendly Agriculture and Fisheries Act.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 9, the purport of the whole pleadings

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. Whether the instant disposition is lawful.

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