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(영문) 의정부지방법원 2017.09.06 2017고단1381

축산물위생관리법위반

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is a person who operates the same Dubcheon C Agency from B 101 to B 101.

A person who intends to engage in meat packaging business shall obtain permission from the head of a Si/Gun/Gu for each place of work for each Special Self-Governing Province.

Nevertheless, from January 2016 to March 2, 2017, the Defendant, without obtaining permission from the competent administrative agency, was equipped with the workplace for cutting the bones in its original form, water supply facilities, electrical freezing facilities, and air conditioners display places in the above places, cut down the chickens supplied from the same walcheon C factory, and distributed and sold the raw chickens in an amount equivalent to KRW 20 million per each transaction partner’s c by subdividing it into a balm, bridge, body balks, and trees, or by removing the area.

The Defendant, without permission, divided livestock products into packaged and sold meat packaging business.

Articles 22 and 24 of the Sanitary Control of Livestock Products Act with reasons of innocence shall require a report to engage in livestock product sales business and to obtain permission for meat packaging business.

In addition, Article 21 subparag. 7-A of the Enforcement Decree of the Livestock Products Sanitary Control Act provides that “ meat sales business”, one of the livestock product sales business, is “business specialized in the sale of meat or packaged meat (including the business of cutting or dividing spawn meat again)” and Article 21 subparag. 4 of the Enforcement Decree of the Livestock Products Sanitary Control Act provides that “the business of manufacturing spawn meat” is “the business of making spawn meat.”

Meanwhile, according to Article 2 of the Livestock Products Sanitary Control Act, “ meat” means the meat, dried meat, internal organs, and other parts of the livestock for food, and “spoling meat” means the meat that cut meat for sale and cryp or freezing it in a cryped state.

In addition, in Section 3(q) of the Enforcement Rule of the Livestock Products Sanitary Control Act [Attachment 13] 3(q), the meat sales business operator processes meat or packaged meat at a place other than the place of business (in this item, cutting, crushing and packaging meat).