logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.14 2015노3559
농수산물의원산지표시에관한법률위반
Text

The judgment of the court below is reversed.

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of legal principles), domestic fishery products, other than inland products, do not have a geographical indication for a specific area in the Republic of Korea other than the “domestic, domestic, and coastal origin,” and thus, the Defendant’s act of indicating the origin of protein, which is protein species, in Busan, constitutes “a false indication” in itself, and the act of indicating the origin of protein as “an act of indicating the origin of protein, other than domestic, domestic, and adjacent sea areas” can be deemed as “a false indication” or “an act of indicating the origin of protein, other than a false indication, which is likely to cause confusion as to the origin.”

Nevertheless, the lower court acquitted the Defendant on the ground that the destroyed fishery products of this case cannot be punished as a violation of the Act on Origin Labeling of Agricultural and Fishery Products even if the destroyed fishery products of this case were domestically produced fishery products, and thus, the lower court erred by misapprehending the relevant legal doctrine.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in this case is a person who engages in the retail business of fishery products with the trade name called G in the F market located in Dongjak-gu Seoul Metropolitan Government E.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

around 05:50 on May 1, 2014, the Defendant sold approximately 80 km (1,600 g) from April 25, 2014 to May 1, 2014, to a large number of unspecified persons, the Defendant, who visited G of the Defendant’s operation to purchase the destroyed goods of the Busan vessel, indicated the country of origin in falsity when selling approximately 80 km (1,600 g) from around 20 km to May 1, 2014 to a large number of unspecified persons.

B. As to the facts charged in this case, the lower court’s determination is based on the interpretation of relevant statutes and the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “Rules of Origin”).

arrow