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(영문) 대법원 2016.06.23 2015도20048
식품ㆍ의약품분야시험ㆍ검사등에관한법률위반
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)); where the head of the food and drug safety inspection institution or a Mayor/Do Governor entrusts quality inspections to a business operator, such as food and drug manufacturing, and where the institution entrusts quality inspections to the Minister, the institution that entrusts food and drug inspection institution with inspections (Article 31(2)1) and the institution that entrusts food and drug inspections to the Minister, as prescribed by Ordinance of the Prime Minister, on the basis of Article 24(2).

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