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(영문) 대법원 2016.12.27 2016도6551

축산물위생관리법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to Articles 45(2)11 and 31(2)4 of the former Livestock Products Sanitary Control Act (amended by Act No. 12672, May 21, 2014; hereinafter the same) and Article 51(2) [Attachment 13] of the Enforcement Rule of the same Act, a food eggs collection and sale business operator shall ensure that food eggs is not exposed to a straight-ray, and shall collect, process, keep, transport, and sell food eggs at temperature that meets the standards for the preservation and distribution of food eggs: Provided, That the foregoing shall not apply where food eggs stored in a cooling-house are temporarily placed at a normal temperature to select them or to treat them as grading, etc.

2. For the reasons indicated in its reasoning, the lower court determined that: (a) it is insufficient to recognize that Defendant A violated the matters to be observed by a business operator of food eggs collection and sale business as stipulated in Articles 45(2)11 and 31(2)4 of the former Livestock Products Sanitary Control Act, and Article 51(2) [Attachment 13] of the Enforcement Rule of the same Act, and that Defendant A’s violation of the matters to be observed by the business operator of food eggs collection and sale business; and (b) insofar as Defendant A’s violation is not recognized, it is insufficient to recognize that Defendant A purchased food eggs from Defendant A, which is likely to harm the health of the human body, and manufactured and sold hobs with Defendant B.

3. “The processing standards and specifications of livestock products” notified by the Ministry of Food and Drug Safety (amended by Ordinance of the Ministry of Food and Drug Safety No. 2014-186, Nov. 20, 2014; hereinafter “instant notification”) is the common standards and specifications for livestock products 1.

8. In respect of the preservation and distribution standards, (i) the preservation of edible eggs in paragraph (1), “edible eggs (0~15°C as far as possible),” the processed egg products must be stored and distributed in refrigerating or freezing at 10°C (However, liquid eggs products shall be below 5°C).

The instant notice provides that “The common standards and specifications for livestock products No. 1.”

1. The (i) of the terms "paragraph" shall induce, as far as possible, the level of sanitation and quality improvement.