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(영문) 창원지방법원 마산지원 2018.05.01 2018고정78

친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is a representative of the “C” that produces, manufactures, or processes agricultural materials.

With respect to environmentally friendly organic agricultural materials, the Minister of Agriculture and Forestry may designate a person equipped with human resources and facilities necessary for the publication as an publishing agency to allow the re-disclosure of the organic farmer and fisherman, and shall limit the content of the results of the examination directly tested as the relevant material in case of advertising the efficacy and effect of the re-disclosure of the organic farmer.

In addition, one person shall not make any indication that is likely to mislead any person to believe that it is a material for organic farming and fishing business that has been published on any material that has not been published, or make any indication that is different from the publicly notified content on the material for the organic farming and fishing business that has been published, or that advertising the material for the organic farming and fishing business that has been published differently from the publicly

1. An act of making an advertisement in a manner that is likely to mislead the Defendant into being aware of an organic farming and fishing material that was published on a material that was not published to the public. From around 2012 to October 20, 2017, the Defendant made an advertisement in the “C” office located in Gyeong-gun, Gyeong-gun, Gyeongnam-gun with the content that “An environmentally friendly farming material, 11-A - 10804, 100% natural extracted material used in the environment as well as the harmful insects in the environment, such as the suppression of harmful insects, the suppression of growth, the decline of reproductive functions, and the effect of continuing use is excellent, and in particular, it is possible to mislead the Defendant to recognize the organic farming material that was not published in the public at the time of making an advertisement in a product and selling it.

2. Indicating that it is likely to mislead people into thinking it is a material for organic farming and fishing business that has been publicly announced with any material not publicly announced;

A. The Defendant, from around 2012 to October 20, 2017, was not disclosed to the “C” office located in Gyeong-gun, Gyeongnam-gun, and was not disclosed from the certification body.