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(영문) 부산지방법원 동부지원 2016.10.19 2016고단352

식품위생법위반

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The defendant shall be innocent.

Reasons

1. Any person who intends to conduct business importing and selling foods, etc. subject to indictment shall file a report thereon with the Governor of a Special Self-Governing Province or

Nevertheless, from August 2015 to early December 2015, the Defendant engaged in food import and sale business, such as selling the imported food equipment, such as "the 8 feet doping 8 feet doping and black," in the Busan Shipping Daegu B and Edong 2903, from August 2015 to early December 2015.

2. Determination

(a) Article 3 of the Food Sanitation Act (wholly amended by Act No. 13201, Feb. 3, 2015 and enforced February 4, 2016) (3) Standards for the sanitary treatment of foods, food additives, apparatus, containers or packages under paragraphs (1) and (2) (hereinafter referred to as "food, etc.") shall be prescribed by Ordinance of the Prime Minister;

Article 36 (Standards for Facilities) (1) Any person who intends to conduct the following business shall have facilities meeting the standards for facilities prescribed by Ordinance of the Prime Minister:

1. Manufacturing, processing, transporting, selling and preserving foods or food additives;

2. Manufacturing apparatus, containers or packages;

(2) The detailed types and scope of business under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.

(4) A person who intends to conduct business prescribed by Presidential Decree among those referred to in the subparagraphs of Article 36 (1) shall report to the Minister of Food and Drug Safety, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu by type of business or place of business, as prescribed by

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won:

1. A person who violates Article 10 (2) (including cases applicable mutatis mutandis under Article 88), 12-2 (2), 17 (4), 31 (1), 37 (3) or (4), 39 (3), 48 (2) or (10), the proviso to Article 49 (1), or 55 of the Enforcement Decree of the Food Sanitation Act, shall be partially amended by Presidential Decree No. 26754, Dec. 22, 2015.