The defendant's appeal is dismissed.

1. The summary of the grounds for appeal does not indicate that the defendant has efficacy for the prevention or treatment of diseases while selling functional health foods or processed food.

2. Determination:

A. Article 3 subparag. 1 of the Health Functional Foods Act defines “health functional foods” as foods manufactured (including processing) using raw materials or ingredients that have functionality useful to the human body. Article 18(1) of the same Act provides that business operators shall not indicate, advertise, etc. the name of health functional foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of health functional foods, with respect to the name of health functional foods, the efficacy and effectiveness of diseases in the prevention and treatment thereof, or any misleading or confusion as medicine. Furthermore, Article 3(2) of the same Act provides that “necessary matters concerning the scope of false or exaggerated indication and advertisement under paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs.”

Accordingly, Article 21 of the Enforcement Rule of the Health Functional Foods Act provides that "the scope of false or exaggerated labeling and advertisements under Article 18 (2) of the Act shall be as listed in attached Table 5," and the scope of false or exaggerated labeling and advertisements shall be as listed in attached Table 1, and [Attachment Table 5] provides for cases falling under labeling and advertisements that have efficacy or effect in the prevention and treatment of diseases, or are likely to mislead or confuse them as medicine," and (a) item (b) provides for "in advance labeling and advertising that prevents the outbreak of diseases or diseases," and the main sentence of subparagraph (b) provides for "label and advertisement that has effect on the disease or disease-related disease-related disease-related disease-related disease-related disease-related disease-related disease-related disease-related disease-related disease-related disease-related disease-related disease-related disease-related disease-specific signs and

However, the above provision is interpreted in interpreting the meaning of the above provision.