A. Error of facts ① Class 33 261 stuffs, such as the instant name tag 14 stuffs (hereinafter “instant non-labeled products”) fall under the case where a transparent packaging is made for the purpose of preserving food due to natural food in its natural condition so that contents can be verified with vinyl raps, etc., and thus, it is excluded from foods subject to labeling pursuant to the proviso to Article 3(1) of the Food and Drug Safety Notice Standards under Article 10 of the Food Sanitation Act.

② Also, this product is not a finished product for sale, but an semi-finished product or a protein fishery product in the process of processing, and thus, cannot be deemed as violating the Food Sanitation Act even if it did not put a mark based on the labelling standard.

B. The sentence imposed by the lower court on the Defendants (a fine of three million won, each confiscation) is too unreasonable.

2. Determination

A. (1) As to the assertion of mistake of facts, Article 10(1) of the Food Sanitation Act provides that the Minister of Food and Drug Safety may determine and publicly notify the criteria for labeling food, etc. for sale purposes, if necessary for national health. Articles 3 through 8 of the Ministry of Food and Drug Safety, which are enacted and publicly notified by the Minister of Food and Drug Safety, provide for food, etc. subject to labeling and labeling methods, and Article 10(2) of the same Act provides that food, etc. subject to labeling shall not be sold, imported, displayed, transported, or used for business, unless the criteria for labeling are indicated in accordance with Article 10(1).

These regulations aim to provide accurate information to consumers by regulating necessary matters concerning the labelling standards for food for sale purposes, and to clarify the distribution channels of food, etc. and to properly handle them.