2013False 7 Food Sanitation Act

1. Gamb○○ (68******1********) and Company members

Seo-gu, Daejeon:

2. Omission of registration on the place of registration:

2. Home Plusco corporation;

Seo-gu Daejeon District Court 592

king Chief Director Doz.

Maho-ho (Acting for Prosecutor, Prosecution) and in the order of two-line (Trial)

Attorney Kim J-jin in charge of the identity of the law firm (for the Defendants),

May 16, 2013

Defendants are not guilty.

1. Summary of the facts charged

A. Defendant Park ○-○

The defendant is a person who has served as an occupant in the Home Plusco Co., Ltd. (Representative Director: Hashesco) in Seo-gu, Daejeon-dong 592.

Food, etc. whose standards for labeling are determined shall not be sold and displayed for the purpose of sale, unless there is any indication that meets the standards.

Although the Defendant should not change the distribution deadline when indicating food that is not the food subject to the distribution deadline marking, the Defendant changed the distribution deadline from August 1, 2012 to August 22, 2012 to the Act that does not indicate the distribution deadline of Dokman marked as of August 24, 2012, and sold (7. 207km) and displayed for sale (7. 591kg).

B. Defendant Home Plusco Co., Ltd.

The defendant is a corporation, and at the same time and place as the above paragraph (a) above, Park ○, an employee of the defendant, violated the above provisions in relation to the defendant's business.

2. Relevant provisions.

As shown in the attached Form.

3. Determination

A. Penal provisions shall be strictly interpreted and applied in accordance with the language and text, and they shall not be excessively expanded or analogically interpreted to the disadvantage of the defendant.

B. The following circumstances acknowledged by the relevant regulations and records, i.e., ① the distribution machine of food means a period during which the sale is permitted from the date of manufacturing the product to consumers [Article 2 subparag. 4 of the Food and Drug Safety Agency Notice No. 2011-67 (hereinafter referred to as the "Indication Criteria"); ② the same is a food not subject to the indication criteria pursuant to the proviso of Article 3 subparag. 1 (g) of the Standards; ③ the distribution period is difficult to indicate on the main display or consistent display of the product, the distribution period is indicated on the relevant location as "by 00.00,000,0000,0000 on the package No. 20,000,0000,00000,0000,0000,0000,000,0000,000,000,0000,000,0000,000,000.

It can not be interpreted as "the meaning."

In addition, the purpose of this article is to stipulate that, in accordance with the labelling standard, if the food is not the food subject to the labelling time limit, the distribution time limit shall not be changed if it is displayed on the food that is not the food subject to the labelling time limit. The purpose of this article is to protect consumers and contribute to the promotion of national health by providing consumers with accurate and reliable information on the food and thereby, even if the food is not indicated with the labelling time limit, it is nothing but the effective distribution time limit is set if the food is voluntarily indicated on the food by the businessman, etc., and thus, it is to protect consumers' trust already formed in accordance with the information so if the distribution time limit is not indicated on the food packages for sale as in this case, it cannot be evaluated that the act is a change in the distribution time limit.

4. Conclusion

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, each of the defendants is acquitted under the former part of Article 325 of the Criminal Procedure Act.

Judges Kim Jong-tae

Site of separate sheet

The former Food Sanitation Act (Amended by Act No. 11048, Sep. 15, 2011)

Article 10 (Criteria for Labeling) (1) The Commissioner of the Korea Food and Drug Administration may determine and publicly announce the standards for the indication falling under any of the following subparagraphs, when necessary for national health:

1. Labels of foods or food additives for sale;

2. Labeling of apparatus, containers and packages, the standards and specifications of which are determined under Article 9 (1);

3. Deleted;

(2) Foods, etc., the standards for labeling of which are determined under paragraph (1) shall not be sold, or imported, displayed, transported, or used for business purposes for the purpose of sale, if no labelling is required. Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who violates Article 10 (2) (including cases applicable mutatis mutandis under Article 88), 12-2 (2), 13 (1), 17 (4), 31 (1), 34 (4), 37 (3) and (4), 39 (3), 48 (2) and (10), or 55;

If a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offence under Article 93 (3) or 94 through 97 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions, and if such corporation or individual commits an offence under Article 93 (1), the corporation or the individual shall also be punished by a fine not exceeding 150 million won, and if the offence under Article 93 (2) is committed, the corporation or the individual shall be punished by a fine not exceeding 50 million won: Provided, That the corporation or the individual shall also be punished by a fine not exceeding 50 million won:

Where he/she has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.

Standards for labelling former Food and Drug Administration (Notice of the Korea Food and Drug Administration No. 2011 - 67)

Article 2 (Definitions) The definitions of terms used in this Public Notice shall be as follows:

4. The term “distribution period” means a period from the date of manufacture to which sale to consumers is allowed.

12. The term "main labelling page" means a page in which trademarks, logos, etc. are printed on the surface of containers or packaging, and usually shown to consumers when a consumer purchases foods or food additives. Foods, etc. subject to labelling of Article 3 (Subject to Labeling) are as follows:

1. Foods or food additives;

(a) Foods manufactured and processed by reporting on food manufacturing and processing business under subparagraph 1 of Article 21 of the Enforcement Decree of the Food Sanitation Act (hereinafter referred to as the "Decree") and on spot-sale manufacturing and processing business under subparagraph 2 of the same Article: Provided, That in the case of food ice, it shall be limited to packages of not more than five kilograms;

(b) Food additives manufactured or processed with permission for the food additives manufacturing business under subparagraph 3 of Article 21 of the Decree;

(c) Foods or food additives which are subdivided by reporting as food subdivision business under subparagraph 5 (a) of Article 21 of the Decree;

(d) Foods surveyed and processed by radiation;

(e) Imported foods or imported food additives;

(f) Processed organic food;

(g) Foods which fall under any of the following, among natural foods: Provided, That plastic flaps (excluding earthquake flaps) packed for the preservation of food in a transparent manner so that contents can be verified in tolerance shall be excluded:

1) Foods contained in containers and packages other than foods falling under items (a) through (f).

2) Foods contained in containers and packages, as imported agriculture, forestry, livestock, and fishery products;

Article 4 (Labeling) Matters to be indicated on foods, etc. shall be as follows:

6. Deadline of distribution or quality maintenance (excluding food additives, apparatus, containers or packages);

Attached Form 1 of the former Food and Drug Administration (Notice of the Korea Food and Drug Administration No. 2011 - 67)

Article 9 (Relation to Article 9)

1. General standards of foods, etc.;

(a) Foods (including imported foods);

(v)the due date or quality maintenance period;

A) Foods subject to labelling: Foods manufactured, processed, subdivided, or imported (excluding agriculture, forestry, and fishery products in nature): Provided, That any label indicating food with the period of quality maintenance, may be omitted for sugar, ice, food ice, food ice, food stuff (limited to small packaging products), liquor, liquor (excluding beer, and medicinal note), and quality maintenance.

B) Method of display

(1) The time limit for distribution shall be indicated on the main or a universal display surface "by ○○○○○○○○," "O.O. to ○○○○○○○.", "by ○○○○○○○○." or "by ○○○. . . ○○○○. . . . )".

(2) If it is impracticable to indicate the time limit for distribution on the main or collective display surface, the location of the time limit for distribution shall be specified on the corresponding value.

(3) If the order of indication of “date” in the distribution period of the exporting country indicated on the imported food, etc. is different from the standard under subparagraph (1), the order of indication of “date” shall be shown so that consumers can easily recognize, and if only the “date” is indicated, the indication of “date” in the “date” shall be indicated on the first day of the “month” in which the product is indicated.

(4) When indicating the time limit for distribution by using the date of manufacture, it may be indicated as “from the date of manufacture to the date of ○○○,” “from the date of manufacture to the date of ○○○” or “from the date of manufacture to the date of ○○.”

C) Detailed criteria for indication;

(1) In other words, it must be indicated as “not later than 000 O00 00 :00 :00 :00 : 10 :00 :00 : 1.00” among the intakeable food.

(2) If the manufacturing, processing, and packing process of a product are en bloc processed as an automation facility and can automatically be displayed by the manufacturing time, it may be marked “not later than 00 00 00 :00” or “not later than 00 :00”.

(3) The food subject to the quality maintenance period and the method of indication;

(a) Food subject to the quality maintenance time limit;

(1) Long-term stored foods.

Sheet wore wort foods

Q Corned Food

(2) Foods subject to the types of foods;

㉮ 쨈류

Q sugars (limited to spores, fruits, peeps, strins, trins, and ctrins)

Dac and coffees (in case of liquid products, limited to spawn)

(d) Beverages (limited to destroyed spawn products)

H. M. H. M. H. (excluding M.M.)

F. Biofoods (limited to foodstuffs and spawned carts)

(g) Kimchis, salted fish, and sporesing foods;

(h) Afforestation food (limited to destroyed germs)

(i) Alcoholic beverages (limited to beer)

Motor vehicles and other food (limited to starch, spawned, spawned)

(B) The term of quality maintenance shall be indicated as “00,000,000O.0.00”, “O.00,” or “○○○○. ○○. ○○. . . ,000”, and other indications shall be indicated by applying mutatis mutandis the provisions of paragraphs (b) through (iv).

(4) The indication of the time limit for distribution or the time limit for quality maintenance shall also be placed, if special conditions are required for use or preservation. In such cases, the indication of the products required to be kept in freezing or refrigerating shall be indicated as "Fresh storage" or "Fresh storage".

(5) If the due date or quality maintenance period has been packaged together with each other, the shortest due date or quality maintenance period shall be indicated. In the case of a package of an individual product bearing the due date or quality maintenance period, only the shortest due date may be indicated.

(6) If a mark is placed on a food that is not subject to the indication of a distribution deadline, such as agricultural, forestry, and fishery products in nature, the mark shall not be imported, displayed, or sold and shall not be modified.