1. The summary of the facts charged in the instant case is as follows: from March 2, 2011 to March 2013, 2013

6. 25.까지 냉동탑차 3대를 이용하여 쭈꾸미, 연어, 날치알, 꽁치, 오징어, 바지락, 낙지

Transporting 50 or more freezing fishery products to restaurants located in Ulsan, and distributing them for wholesale, etc.

Food transportation business is operated without being equipped with facility standards and a report on food transportation business is not filed;

That is the fact that it was not.

The lower court: (a) The Defendant who engages in the fishery products distribution business by supplying fishery products through wholesale and retail;

the buyer's operating restaurants, etc. as a result of the sale and accompanied by the sale of the fishery products.

Warrantor is at the place of business of the relevant business operator under the proviso of Article 21 (4) of the Enforcement Decree of the Food Sanitation Act.

Food transportation business shall be excluded from the reporting of food transportation business because it constitutes "transport of food for sale".

the defendant's business of selling them together with the defendant, and delivery is made without incidental transportation expenses.

In that it does not constitute ‘business' for transportation, the defendant is acquitted.

The judgment of the first instance, which sentenced the first instance court, was maintained.

2. However, it is difficult to accept such a determination by the lower court for the following reasons.

(a) A person who intends to run a business prescribed by Presidential Decree pursuant to the former part of Article 37 (4) of the Food Sanitation Act:

To report to the competent authorities by type of business or by place of business as prescribed by Ordinance of the Ministry of Education.

section 25(1)4 of the Enforcement Decree of the Food Sanitation Act, upon delegation, shall report the business.

Article 21 (4) refers to "food transportation business", which is one of the types of business that must be engaged in. Food transportation business

§ 21.4 of the Enforcement Decree of the Food Sanitation Act (hereinafter referred to as the "fungchisor") that can be directly consumed.

Food that is likely to be decomposed and changed, such as fish, birds, and products processed therefrom, shall be hygiene;

‘business of transport' and the proviso thereof are sold at the place of business of the business operator.

transportation for purposes of transportation, and transportation of foods manufactured or processed by the relevant business operator;

the Food Sanitation Act provides that food transportation business shall be reported in accordance with the Food Sanitation Act.

Matters shall be determined by the Ordinance of the Ministry of Food and Drug Safety, but excluded from business reports under the proviso of Article 21 (4)

The exception is specified.

According to the language, content, and regulatory system of the proviso of Article 21 subparag. 4 of the Enforcement Decree of the Food Sanitation Act

‘The case of transporting foods for the purpose of sale at the place of business of the relevant business operator' in the provisions of the Code.'

It means where a person transports food for the purpose of sale at his/her own business place.

In addition, it should be seen that food business operators are likely to be decomposed or changed.

It can not be seen as including a case of transportation to a buyer. The food sales business and food sales business.

Even if the facility standards for the food transportation business are different and necessary facilities are provided as a food distributor;

The food sale business operator shall not be equipped with necessary facilities, and the food sale business operator shall place a board at the place of business.

to sell food that is likely to be decomposed or changed, and to sell such food;

The degree of sanitary harm that may occur in the event of transportation to the purchaser is different;

In light of the foregoing, it is reasonable to interpret the same as above (Supreme Court Decision 2015Do2015 Decided March 15, 2017).

2477.See Supreme Court Decision 2477.

나. 피고인은 식품운반업 신고를 하지 않고 쭈꾸미, 연어, 날치알, 꽁치 등 냉동수산

selling and transporting water to a restaurant in Ulsan, other than the defendant's office;

A. The food that is likely to be decomposed and changed under the main sentence of Article 21(4) of the Enforcement Decree of the Food Sanitation Act.

of the Food Sanitation Act, which provides for exceptions to reporting food transportation business;

"Transportation food for sale at the place of business of the relevant business operator" in the proviso to subparagraph 4 of Article 21 of the Decree

the defendant's business of selling fishery products and freezing the defendant.

Marine products are continuously and repeatedly transported by a transport vehicle equipped with snow

If so, the sale and transportation of fishery products for profit should be deemed to have been carried out for the purpose of profit-making.

The above act without reporting food transportation business by a senior person pursuant to Article 37 (4) of the Food Sanitation Act;

It is illegal that it was conducted.

C. Nevertheless, the court below held that the defendant's act constitutes food transportation business to be reported.

In view of the facts charged, the lower court acquitted the Defendant of the facts charged. In so determining, the lower judgment on the food level.

The error of misapprehending the legal principles on the interpretation of the living law and the Enforcement Decree of the Food Sanitation Act, thereby affecting the judgment.

The ground of appeal pointing this out is with merit.

3. Therefore, the judgment of the court below shall be reversed, and the case shall be tried and judged again by the court below.

The case is remanded to the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Byung-hee

Chief Justice Park Jong-young

Justices Kim Jong-il