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(영문) 서울고등법원 2018.05.16 2017누68730
과징금부과처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the acceptance and amendment of the judgment of the court of first instance is as follows: (a) the “O” of the third 3rd tier 3 of the judgment of the court of first instance shall be deemed F; (b) the “O” of the sixth 16th tier 16 shall be deemed as “F”; and (c) the “O” shall be deemed as “B February 22, 2016; and (d) the Plaintiffs’ assertion in the trial shall be deemed as indicated in the reasoning of the judgment of first instance except for adding the judgment as to the pertinent part as stated in the following paragraph (2). Therefore, it shall be cited as is in accordance with Article 8(2) of the Administrative Litigation Act

2. Additional matters to be determined;

A. Article 89 [Attachment Table 23] of the Enforcement Rule of the Food Sanitation Act of the plaintiffs' assertion

I. The phrase “the same violation” under subparagraph 5 of the general standard refers to a case where the facts of the second violation are different from those of the second violation, and it cannot be deemed that the details of the first violation and those of the second violation are the same.

Even if it is not so, if a violation subject to each of the dispositions of this case is not a violation subject to the existing corrective order, but a new violation, at least, the defendant should not correct the violation even though the defendant issued a second corrective order against the plaintiffs. There was no such second corrective order.

Therefore, each of the dispositions of this case is in accordance with the above [Attachment 23]

Ⅰ. Illegality is against the general standards set forth in subparagraph 5.

B. Article 89 [Attachment 23] of the Enforcement Rule of the Food Sanitation Act provides for the administrative disposition criteria applicable to cases where the area of a place of business is altered and the report of change is not filed. The above administrative disposition criteria provide that the administrative disposition criteria shall be subject to the disposition of “Corrective Order” in the case of the first violation, “seven days of business suspension in the case of the second violation” in the case of the second violation, and “five days of business suspension in the case of

Ⅱ Individual Standards

3. The criteria for administrative dispositions following the frequency of violations in cases of subparagraph 8 (c) and in such cases, shall apply to cases where the same violation has been committed for the last one year.

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