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(영문) 청주지방법원 2013.08.22 2013고정388

농수산물의원산지표시에관한법률위반

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates a general restaurant in the name of “D” on the 2nd floor of the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu.

On March 11, 2013, no one may make a false indication of origin or make a mark likely to cause confusion as to the indication of origin. However, the Defendant made an indication that “I will use only the domestic cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat cat

2. Determination

(a) A person who establishes and operates a place of business or meal service facilities prescribed by Presidential Decree, among food service business and meal service facilities, shall indicate the place of origin (including the types of dead meat; hereinafter the same shall apply) on the raw materials of agricultural and fishery products or processed agricultural and fishery products prescribed by Presidential Decree, where he/she sells or provides such products after cooking such products (including cases where he/she keeps or displays such products for the purpose of selling or providing them after cooking; hereinafter the same shall apply), when he/she prepares, sells or provides such products (including cases where he/she keeps or displays such products for the purpose of selling or providing them; hereinafter the same shall apply);

(4) Persons subject to the indication under paragraph (1) or (3), persons obliged to make the indication, and criteria for indication shall be prescribed by Presidential Decree, and the method of indication and other necessary matters shall be prescribed by Ordinance

Article 6 (Prohibition of False Labeling, etc.) (2) No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall commit any of the following acts:

(3) Necessary matters, such as the indication that may cause confusion as to the place of origin, the scope of disguised sale, etc., in violation of paragraph (1) or (2);