logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.08.25 2016노355
식품위생법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) by the Defendant’s advertisement of “F” is to correct the wrong belief on existing salt based on a new research result, and even if the content of the family is contrary to general medical science, there is no room for ordinary consumers to misunderstand “F” as medicine, and the Defendant’s advertisement of “F” as its product by inserting the pharmacological function of salt in advertisement. However, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of the charges of this case, thereby adversely affecting the conclusion of the judgment.

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

A. As to the name of foods, etc., manufacturing methods, quality nutrition labelling, genetic material associations, foods, etc., and traceability management and labelling of food history, no person charged of the instant case shall indicate or advertise that such foods, etc. have efficacy or efficacy in preventing and treating diseases, or that such foods, etc. may be confused with medicine or health functional foods.

Nevertheless, from around April 2014 to May 6, 2015, the Defendant, at the office of “D” in the Defendant’s operation of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government (hereinafter “F”), entered the Internet site (E), “F’s maximum drug salt produced by modern medical science”, “hysing patients with salt,” “hysing patients with less salt,” “1% of salting,” and “1% of salting sof human history,” along with the expressions, such as “F’s high-net salt sylle (0% of sylle and urine, etc.) that were born for the first time in the shortage of salt panium (hereinafter “F”), and entered the purport to the effect that direct and indirect improvement of the skin’s disease, such as dynasium (e.g., skin and urine, etc.), faline (metallic metal), gas, and clean salting salting,” and expressed directly and indirectly improvement of the skin’s disease, etc.

Accordingly, the Defendant has efficacy in preventing and treating the “F” disease, which is a food.

arrow