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(영문) 의정부지방법원 고양지원 2017.12.13 2017고정321
축산물위생관리법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged is a person who runs a retail business with the trade name of “D” in Pakistan.

The slaughter and treatment of livestock, collection of livestock, and processing, packing, and storage of livestock products shall be conducted at a place of work permitted by a relevant administrative agency.

Nevertheless, from February 28, 2014 to October 17, 2016, the Defendant was equipped with facilities necessary for cutting and packaging meat, such as slaughter business, meat packaging business, and meat cutting machines, and sold them as food materials to customers, such as the restaurant of the Il-si and Yangju, by removing and disposing of dys, fry, oil, etc., after cutting or cutting the ship of the raw chickens and fys, or cutting them into the fys of the raw materials for each day.

Accordingly, the Defendant treated and packaged livestock products at a place other than the permitted place of work.

2. Article 21 subparag. 7(a) of the Enforcement Decree of the Livestock Products Sanitary Control Act provides that “the business of professionally selling meat or packaged meat (including the business of cutting or dividing spawn meat)”, one of the livestock product sales business, is “the business of making meat packaging” as “the business of making spawn meat”. Article 21 subparag. 4 provides that “the business of manufacturing spawn meat.”

On the other hand, the Enforcement Rule of the Livestock Products Sanitary Control Act [Attachment 2-3] provides for the packaging method, etc. of livestock products, and Article 4 of the same Act provides for the meat sales business, i.e., meat sales business operator who directly sells chickens and ducks meat to consumers, shall sell the packaged chickens and ducks meat as they are packed, and shall not open the packaging and display or sell them.

However, if a consumer decides to purchase a chickens or original meat packed at retail units, and then requests a meat sales business operator or meat processing business operator to open and cut a package in order to ensure the convenience of cooking.

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