1. The summary of the facts charged of the instant case is that the Defendant, who runs active fish distribution business from February 1, 2010 to June 25, 2013, owns one water supply vehicle, and leases two water pipes from “G” located in Ulsan-gu, Ulsan-gu, to store fishery products, such as white, cooling, dunes, and bags, and transports them to restaurants, such as the frequency of 20 places located in racing, Sim-si, and port-si, and distributes them for wholesale, without satisfying facility standards, and did not report food transportation business.

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 in food not only processed foods but also “natural food” (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, is the language and text of the food-related statutes, including the Food Sanitation Act, intended to prevent sanitary harm caused by food and contribute to the improvement of national health.