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(영문) 인천지방법원 2018.04.27 2018고정386

축산물위생관리법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who runs a livestock products sales business under the name of “D” in the Nam-gu Incheon Metropolitan City C.

No person shall make a false label in relation to the name, manufacturing method, ingredients, dietitian, raw materials, use and quality of livestock products, packaging of livestock products and tracking and management of traceability of processed livestock products.

Nevertheless, on August 17, 2017, the Defendant violated the Water Sanitary Control Act by displaying 65 km of the date of packing and the due date of circulation at the air conditioning warehouse and display room on August 17, 2017.

2. Determination

A. Article 32(1)2 of the Sanitary Control of Livestock Products Act provides that no person shall place any false indication on the name, manufacturing method, ingredients, nutrients, raw materials, use and quality of livestock products, packaging of livestock products, and traceability management of the processed livestock products, and the processed livestock products. Article 32(2) of the same Act provides that a specific scope of such indication shall be determined by Ordinance of the Prime Minister. Article 52(1)6 of the Enforcement Rule of the Livestock Products Sanitary Control Act provides that “the name, manufacturing method, ingredients, nutrition of livestock products, raw materials, quality, use and use of livestock products, or tracking management of the processed livestock products shall be indicated or notified, as one of the facts in relation to the date of manufacture, distribution, column, date of distribution, and other manufacturing or distribution thereof,” and Article 52(1)6 of the Enforcement Rule of the Livestock Products Sanitary Control Act provides that “the act of indicating or informing the information on the names, manufacturing methods, ingredients, use and traceability of livestock products, or the traceability management of the processed livestock products.”

Meanwhile, Article 2(1) of the General Regulations of the Ministry of Food and Drug Safety (No. 2017-24 of the Food and Drug Safety Notice) provides that “The term “distribution period” in Article 2(1) of the General Regulations refers to the maximum period that can be sold to consumers, and the distribution period may be set autonomously within the distribution period that is set according to the characteristics of the product.”