The judgment below

Among them, this part of the violation of the Food Sanitation Act, such as the storage of non-labeled foods, is reversed.

The grounds of appeal are examined.

1. Article 10(2) of the former Food Sanitation Act (amended by Act No. 15484, Mar. 13, 2018; hereinafter the same) provides that “no food, etc., the standards for labeling of which are determined under paragraph (1) shall be sold, imported, displayed, transported, or used for business, unless it is indicated in compliance with such standards.”

The subject matter of “use for business” under this context includes not only food and food additives (see, e.g., Supreme Court Decision 2005Du548, May 12, 2005). “Use for business purposes” refers to “the business of collecting, manufacturing, processing, cooking, storing, subdividing, transporting or selling food or food additives, or the business of manufacturing, transporting or selling apparatus, containers or packages” under Article 2 Subparag. 9 of the same Act, but also includes not only specific acts prescribed above but also acts incidental to such business activities, and also acts accompanying the aforementioned specific acts, which are prior to such specific acts.

It is difficult to view that a business operator does not use food, etc. necessary for business, while carrying on the business prescribed in subparagraph 9 of Article 2, for business purposes, keeping such food, etc. under certain conditions.

In addition, the legislative purpose of contributing to the improvement of national health by preventing sanitary harm caused by foods and providing correct information on foods (Article 1) is to be maintained in the pre-stage storage stage, because there are many cases where a business operator cannot maintain the labelling under Article 10 (1) 1 of the former Food Sanitation Act at the stage of manufacturing, processing, cooking, subdividing, etc. of foods.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the following facts are revealed.

Defendants are representative directors of D Co., Ltd. established for the purpose of manufacturing and selling processed fishery products.