1. The summary of the facts charged in the instant case is that the Defendant engaged in the food transportation business and did not file a report on the food transportation business, while carrying on the food transportation business at an annual average of 58 million won, without meeting facility standards, for the following reasons: (a) the Defendant, who operates the fishery products distribution business from October 10, 201 to June 201, owns one motor vehicle for active fish transport, and leases two water pipes from “F” located in the north-gu in Ulsan Metropolitan City, Ulsan, by transporting the fishery products, such as light and ju, to the restaurant in the place of 20 places in Ulsan, and distributes them to the wholesale and retail.

The lower court affirmed the first instance judgment that acquitted the Defendant on the ground that the Defendant’s act of transporting fishery products, such as active fish, at the request of the buyer, constitutes “the act of transporting food for sale at the relevant business operator’s place of business” under the proviso of Article 21 subparag. 4 of the Enforcement Decree of the Food Sanitation Act and constitutes “the act of transporting food for sale at the relevant business operator’s place of

The issue of this case is whether the defendant's act of transporting fishery products, such as active fish, is subject to reporting of food transportation business, and it is a matter of whether fishery products such as active fish constitute food under the Food Sanitation Act.

2. First, we examine whether fishery products, such as active fish, constitute food.

A. Article 2 subparag. 1 of the Food Sanitation Act provides that all foods (excluding foods taken as medicine) are included not only in processed foods but also in “natural food” foods (see Supreme Court Decision 88Do2312, Jul. 11, 1989, etc.). Whether products produced, collected and captured from nature constitutes “food” under the Food Sanitation Act, as natural food, from any stage, constitutes “food” under the Food Sanitation Act, including the Food Sanitation Act, in order to prevent sanitary harm caused by food and contribute to the promotion of national health.