식품위생법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds of appeal (fact-finding) states that “NK cell value is lower than normal, the Defendants are well required for cancer, and increase the number of immuno-cell cells.” The Defendant introduced “O” (hereinafter referred to as “the instant black ginseng”) to the effect that the black ginseng contains much more than the gg three ingredients, not the gg three, compared to raw ginseng, and the Rg30,000 drinking gg30,000. The Defendant continued to drink the black ginseng, and the NK cell value of which died was lower than normal.” The Defendant introduced that “O” (hereinafter referred to as the “instant black ginseng product”).
In particular, the Defendants sold black ginseng at high prices against the elderly, the main body, etc., and provided information on products based on the leaflets, visual materials, horses or experience fences, etc. issued by the seller, and solicited customers to purchase products by speech within a short time. It is inevitable to make an advertisement to the effect that the product itself has a certain disease.
In light of these circumstances, the Defendants’ act constitutes an advertisement that is likely to have efficacy and effect on the prevention and treatment of diseases with respect to foods or to mislead or confuse them as medicine or health functional foods.
2. Determination
A. Whether the Defendants’ act constitutes “advertisement” or “advertisement” is a legal doctrine related thereto. The former Food Sanitation Act (amended by Act No. 15484, Mar. 13, 2018; hereinafter “former Food Sanitation Act”).
Article 13(1) and (2) of the former Enforcement Rule of the Food Sanitation Act (amended by Ordinance of the Prime Minister No. 1335, Nov. 30, 2016; hereinafter “former Enforcement Rule of the Food Sanitation Act”).
In full view of the contents of Article 8, the term “advertisements that have efficacy or effect in the prevention and treatment of diseases or that may mislead or confuse them as medicine or health functional foods” prohibited under Article 13(1)1 of the former Food Sanitation Act.