식품위생법위반
The Defendants’ appeal is dismissed.
1. Summary of grounds for appeal;
A. In the case of a non-labeled product as indicated in the facts of the crime as indicated in the judgment below (hereinafter “sable fish of this case”), the cream of the non-labeled product as indicated in the judgment below is owned by “I”, and the sale of a non-labeled product is not a Defendant B (hereinafter “Defendant Company”).
I is the I.
B. Legal doctrine misunderstanding the instant amount is not the sales of the Defendant Company, but only the raw materials used to manufacture kimchi.
Therefore, Article 10 (2) of the Food Sanitation Act, which is premised on the purpose of sale, cannot be applied.
2. According to the evidence duly adopted and examined by the lower court, the fact that I manufactured the salted fish of this case and supplied it to the Defendant Company without indication, and the Defendant Company may recognize the fact of producing and selling kimchi using the salted fish of this case.
However, according to the following legal interpretation and application, it is separate from whether I violated Article 10(2) of the Food Sanitation Act, and the defendant company's act of producing and selling kimchi using salted fish of this case also constitutes a violation of Article 10(2) of the Food Sanitation Act.
A. According to Article 10(1)1 of the Food Sanitation Act, the Minister of Food and Drug Safety may determine and publicly notify the standards for labeling of foods or additives for sale, and pursuant to Article 10(2) of the Food and Drug Safety Act, the standards for labeling shall not be sold, imported, displayed, transported, or used for business, unless the standards for labeling are indicated in accordance with paragraph (1).
According to Article 2 subparagraph 9 of the same Act, "business" means collecting, manufacturing, processing, cooking, storing, subdividing, transporting or selling foods or additives, or manufacturing, transporting or selling (excluding the business of collecting foods belonging to agriculture and fishery) apparatus, containers or packages.
B. According to Article 1 of the same Act, the purpose of the same Act is to.