A. misunderstanding of facts and misunderstanding of legal principles cannot be deemed to have falsely indicated the country of origin solely on the fact that the Defendant neglected to make an erroneous indication of origin in the existing place. 2) The instant bulletin board was posted to allow only workers to be seen as having been in the kitchen, so it is difficult to view the content indicated on the above bulletin board as a false indication allowing them to confuse with consumers.

3) The Defendant cannot be deemed as a person who establishes and operates meal service facilities, and thus does not bear an obligation to indicate the country of origin. Therefore, the lower court convicted the Defendant, by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. However, the lower court’s judgment is erroneous by misapprehending the legal principles. The Defendant’s punishment (a fine of KRW 700,00

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and misapprehension of legal principles and the evidence duly adopted and investigated by the court below, namely, the Defendant confirmed at the investigative agency that he/she first worked in the instant school meal service, and stated that he/she was aware that the indication of origin was to be posted while working as a dietitian, and the Defendant started working in the instant school meal service from August 2012, 2012, and began to be supplied with Korean kimchi from July 2012 at the said school meal service, but the use of Korean kimchi was deemed to have started from November 2012, which was the first day after the Defendant started to work, and the Defendant appears to have been released from the investigative agency to the first day from November 2012, 2012 to March 2013.