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(영문) 청주지방법원 2017.08.10 2016고단2875
식품위생법위반
Text

Defendant

A shall be punished by imprisonment for six months, and by a fine of five million won for Defendant B.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the actual operator of Defendant (State)B in Jincheon-gun, Jincheon-gun, and Defendant (State)B is a corporation established on July 8, 2013 for the purpose of manufacturing, distributing, etc. food.

1. A business operator manufacturing, processing, cooking, subdividing, or distributing Defendant A foods shall comply with food safety management certification standards (HACCP) publicly notified by the Minister of Food and Drug Safety to prevent hazardous substances from mixing them with foods or from being contaminated with foods, and the (State)B operated by the Defendant must obtain the above certification as a business establishment subject to food safety management certification standards from December 1, 2014.

Nevertheless, the Defendant did not obtain certification of food safety management standards in B. (State) from October 3, 2015 to November 21, 2015, manufactured and distributed (State) Kimchi 47t equivalent to KRW 76 million in the market price at the above (state) factory from around October 3, 2015 to November 21, 2015.

Accordingly, the defendant did not comply with the food safety management certification standards.

2. The Defendant Company B, a representative of a corporation, failed to comply with the food safety management certification standards, as set forth in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police against D;

1. Each statement of E and F;

1. Details of G transactions;

1. Details of H trading;

1. Details of I transactions;

1. Details of J transactions;

1. (Report on Food Manufacturing and Processing Business) The ledger of business licenses;

1. Information about the current status of increased companies which are food safety management and certification standards (HCCP);

1. A certificate of all matters to be registered (including oral matters);

1. An investigation report (or a counter-investigation of the representative of a corporation);

1. Application of Acts and subordinate statutes for investigation report (report on confirmation of application for postponement of the application of surgery);

1. Defendant A: Articles 97 Subparag. 1 and 48(2) of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016; hereinafter the same shall apply) (amended by Act No. 14022, Feb. 3, 2016; hereinafter the same shall apply) concerning facts constituting a crime: Articles 100, 97 Subparag. 1 and 48(2) of the former Food Sanitation Act, inclusive;

1. Article 62(1) of the Criminal Act (hereinafter “Defendant A”) provides that the suspension of execution (including a considerable number of criminal records and citizens’ health).

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