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The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
Reasons
1. No person in charge of facts of prosecution shall indicate or advertise that the nutritional value, raw materials, ingredients, and uses of foods have efficacy or effect in preventing and treating diseases, or that foods or health functional foods are likely to be mistaken for or confused with medicine or health functional foods;
Around April 2016, the Defendant advertised Da in Daegu Suwon-gu C, as if he were to assist in the development of two brains in the early delivery of drugs, such as “The physical strength improvement, the improvement of the stroke, the prevention of stroke and dementia, the promotion of students’ study, and the growth of brain by the age of 55”, “If the stroke stroke stroke stroke stroke stroke stroke.”
As a result, the Defendant indicated or advertised that the ingredients of food are likely to have efficacy or effect in the prevention and treatment of diseases, or to mislead or confuse them as medicine or health functional foods.
2. Determination
A. Article 94(1)2-2 of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016; hereinafter “Act”) provides that any person shall be punished by a person who violates Article 13(1). Article 13(1) of the Act provides that no one shall make an advertisement, etc. with any content that is likely to have efficacy or effect in the prevention and treatment of diseases, or to mislead or confuse as medicine or health functional foods. Article 94(2) of the same Act provides that any person shall not make an advertisement, etc. with respect to food, which is likely to have efficacy or effect in the prevention and treatment of diseases, and that such advertisement shall be prescribed by Ordinance of the Prime Minister.
Accordingly, Article 8 of the Enforcement Rule of the Act provides that the scope of false labelling and exaggerated advertisements under Article 13 of the Act is effective in the prevention or treatment of diseases, among acts of indicating or informing the names, manufacturing methods, quality, nutrition, raw materials, ingredients or use of foods, etc. by means of containers, packaging, radio, television, newspapers, magazines, music, video, printed materials, printing materials, signboards, the Internet or other means.