Does the Notification Due to Breaking Paragraph 6 Act Governing Food Safety and Sanitation Belong to an Administrative Disposition?
The plaintiff who runs a business selling aquatic products tended to import frozen smoked tuna for 100 kilogram in 2001. After applying for the test from the lazaretto according to the rules of Act Governing Food Safety and Sanitation, the issued food had been tested that it contained Carbon monoxide for 2370 microgram pro kilogram. Believing that the rules of food additives had been broken, the chef of lazaretto notified the plaintiff as the result that he had already broken the rules, and he should take it back or destroy it. The plaintiff dissatisfied with this notification and filed a lawsuit for dismissal. Both the courts in the first and the second instance indicated that the notification was not an administrative disposition, whereas the supreme court rescinded the judgment and confirmed the notification with the legal validity. Therefore it could be a subject matter of the administrative litigation.