식품위생법위반
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
(b) the application of Korea Food and Drug Agency H department and monetary legislation;
1. Relevant laws concerning criminal facts, subparagraph 1 of Article 95 of the Food Sanitation Act, Article 7 (4) of the same Act, and selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The assertion;
A. The meaning of “use only of extraction processed food” under the relevant laws, such as the Food Sanitation Act, does not mean only the method of use, but it cannot be deemed that the other party regulates the sale of the melting processed food. Thus, the Defendant’s sale of the melting processed food to the general customers without delivering it to the factory cannot be deemed as a violation of the Food Sanitation Act.
B. In addition, since the Defendant, at the time of sale, was deemed to be suitable for melting as “melting tea,” it cannot be deemed to be a violation of the above Act, insofar as it clearly explained that it should be used for extracted processed food.
2. Determination
(a) Relevant laws and regulations* Article 7 of the former Food Sanitation Act (Amended by Act No. 14022, Feb. 3, 2016) (1) The Minister of Food and Drug Safety shall determine and publicly announce the following matters concerning foods or food additives for sale, if necessary for national health:
(Sicker omitted)
1. Standards for the methods of manufacturing, processing, using, cooking, or preserving such products;
(4) Foods or food additives, the standards and specifications for which are determined under paragraphs (1) and (2), shall be manufactured, imported, processed, used, cooked or preserved in accordance with such standards, and foods or food additives, the standards and specifications of which are not complied with, shall not be sold or manufactured, imported, processed, used, cooked, stored, subdivided, transported, preserved or displayed for sale;
* The criteria and specifications of food (attached Table 2) are not melted with 4 raw melting conditions for the use of the name of the product or without passing through a little melting process of opening the horns.