축산물위생관리법위반
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is that the Defendant is a person in charge of sales, such as packing meat, in the agricultural product joint market located in the 718-gil, Ori-si, Ori-si, Busan District, 518-gil. The Defendant received the packaging meat sold in the name of the said joint market from the said company, and re-processing and packing processed the meat supplied by the agricultural cooperative to the agricultural cooperative. The Defendant was a registered trademark of the agricultural cooperative, the trademark of which the said company had been granted a license for ordinary use from the agricultural cooperative, and without reporting the sales business of livestock products, from November 2015 to August 2016, 2016, the Defendant distributed and sold the above packaging meat 1,865,760,779 won at the said joint market.
2. Article 21 of the Livestock Products Sanitary Control Act delegates to Presidential Decree the detailed types and scope of business subject to reporting to the competent authorities pursuant to Article 24(1) of the same Act (in the absence of reporting, criminal punishment pursuant to Article 45(6)9 of the same Act). Accordingly, Article 21 subparag. 7(e) of the Enforcement Decree of the same Act is accordingly delegated.
The title defines “sales business specializing in the distribution of livestock products” as the “business of distributing and selling processed or packaged livestock products using its own trademark by requesting the processing business operator of livestock products or the meat packaging business operator to process or pack the processed or packaged livestock products.”
The enforcement decree was newly established and enforced around May 9, 2008, and it was based on the new establishment that the purpose of sanitary management of livestock products sold by the distribution company as its own brand products.
On the other hand, "the right of use" of a trademark is only the right of the trademark holder to use the registered trademark for goods designated within the scope prescribed by the trademark holder (Article 97 of the Trademark Act).