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(영문) 서울남부지방법원 2017.08.23 2016고정3050
식품위생법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a group meal facility operator in a kindergarten as the head of Guro-gu Seoul Metropolitan Government “E kindergarten”, and Defendant B is the operator of a group meal facility in a kindergarten as the head of the “G kindergarten” in Guro-gu Seoul Metropolitan Government F.

1. A dietitian working for a group meal service provider who fails to perform his/her duties as a dietitian of H shall perform the duties of preparation of meals in a group meal service facility, inspection of meals and food distribution management, examination and management of purchased foods, sanitary management of meal service facilities, preparation of logs for the operation of a group meal service facility, nutrition guidance for employees and education on food sanitation;

Nevertheless, around December 2012, H was employed as a dietitian on December 1, 2012, and served as a dietitian by receiving KRW 100,000 per month from October 2016, and issued a dietitian’s license and sent a monthly food table to e-mail, and only visited only once a month to check the sanitary condition of a kitchen, and did not perform the duties of a dietitian, such as inspection and distribution of food, inspection and management of purchased foods.

2. Defendant A

A. The Defendant violated the Food Sanitation Act, as stated in Paragraph 1, committed an act in violation of the duty as a dietitian by a dietitian, who is an employee of the Defendant.

(b) No person who violates the Act on Origin Labeling of Agricultural and Fishery Products shall make a false indication of origin or make an indication that may cause confusion as to such indication;

Nevertheless, around August 2016, the Defendant purchased domestic beef from K (State) which is a food supplier of food materials in a group of “E kindergarten” meal facilities and used it as food materials, such as “hackers,” etc. as food materials for raw milk, and puts a false indication of origin or a false indication of risk of confusion with the Defendant.

3. Defendant B.

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