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(영문) 춘천지방법원 영월지원 2012.11.09 2012고정238

농수산물의원산지표시에관한법률위반

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The defendant shall be innocent.

Reasons

1. The Defendant is a person who operates a restaurant under the trade name, which is a D cafeteria in Gangwon-gun C.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

From May 3, 2012 to May 12, 2012, the Defendant stored in the store in order to purchase 10 km 10 km g of Germany from the Fmat located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and to sell to roasting in the store, and indicated the indication of origin in the Spanish.

2. Determination

(a) The purpose of this Act is to protect producers and consumers by guaranteeing the consumer's right to know and inducing fair trade by having the producers indicate the country of origin of agricultural and fishery products or processed agricultural and fishery products in an appropriate and reasonable manner;

(3) Where a person who establishes and operates a place of business or meal service facilities prescribed by Presidential Decree, among food service business and meal service facilities, sells or provides agricultural and fishery products or processed products thereof prescribed by Presidential Decree (including where he/she keeps or displays such products for the purpose of sales or provision; hereinafter the same shall apply), he/she shall indicate the place of origin (including the kinds of dead meat; hereinafter the same shall apply) on the raw materials of such agricultural and fishery products or processed products thereof.

Article 6 (Prohibition of False Labeling, etc.) (2) No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall commit any of the following acts:

1. False labeling of the country of origin or labeling that may cause confusion as to the country of origin;

2. Slaughtering, selling or providing agricultural and fishery products or the processed products thereof under the disguised country of origin, or storing or displaying such products with the intention of selling or providing them after cooking.