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(영문) 대법원 2016.06.09 2016도2669
식품위생법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Provisions and interpretation of the relevant statutes

A. According to the former Food Sanitation Act (amended by Act No. 11985, Jul. 30, 2013; hereinafter the same), the Minister of Food and Drug Safety may separately designate an institution that conducts inspections, such as standards and specifications, of foods, etc., as prescribed by the relevant Act to ensure the safety of food and to verify food, according to its business scope (Article 24(1) and the institution that entrusts quality inspections (Article 24(2)); among them, an institution specializing in food sanitation and inspection (Article 19(2)) and an order issued to inspect food, etc. of imported foods (Article 22(1)); an institution that entrusts quality inspections to the Minister of Food and Drug Safety or an institution that entrusts quality inspections to a business operator, such as manufacturing food, etc., (Article 31(2)1); and (2)1 of the Act provides that an institution that entrusts quality inspections to the Minister, in accordance with Article 24(1) and (3) of the Act, shall directly entrust quality inspections to the Minister, as prescribed by Ordinance of the Ordinance of the Food and Drug.

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