All appeals filed by the prosecutor against the Defendants are dismissed.

1. The gist of the grounds of appeal is that the MAP packaging product of this case falls under the food standards and specifications determined and publicly notified by the Minister for Food and Drug Safety, and thus, the MAP packaging product of this case constitutes a violation of the distribution standard of freezing products.

However, the lower court erred by misapprehending the legal doctrine on the crime of violating the Food Sanitation Act, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The lower court found the Defendant not guilty of the facts charged of this case on the ground that the facts charged of this case did not constitute “an act of displaying food for sale purposes in violation of the standards and specifications determined and publicly notified by the Minister for Food and Drug Safety” under Article 7(4) of the former Food and Drug Safety Act, in light of the various circumstances as indicated in its reasoning, based on the adopted evidence.

1) The MAP method is an advanced packing method that prevents the corruption of goods and extends the time limit for circulation by using a container that can be sealed and a special film that prevents the oxygen, making the inside of the container a tightly in a state of air, and passing through a separate process, such as carbon dioxide, oxygen, and nitrogen, which artificially injects gases at a reasonable rate (gas exchange rate).

2) Defendant A supplied the instant products to large boats, as a person who produces air conditioning fishery products in a proper MAP package method in accordance with the process procedures set out in the International Food Standards Committee (CAC, Codex Alilus Commission: United Nations Food and Agriculture Organization and the World Health Organization jointly established) through research and verification in the Republic of Korea for the first time in the same industry.

Examining the specific process, the freezing fishery products are cleaned through the purification sea water by removing the corrosion level after leaving the freezing fishery products.