The defendant's appeal is dismissed.

1. Summary of the grounds for appeal by the defense counsel (misunderstanding of facts or misunderstanding of legal principles);

A. In accordance with the principle of criminal statutoryism, the name of functional health foods, raw materials, manufacturing methods, nutrientss, ingredients, methods of use, quality, and tracking and managing the history of functional health foods under Article 18 (1) of the Functional Health Foods Act include “functional” or “functional not recognized by the Minister of Food and Drug Safety”.

No interpretation can be interpreted.

In addition, Article 21, subparagraph 2 (b) of attached Table 5 of the Enforcement Rule of the Health Functional Foods Act provides that even if it is an advertisement that is not identical or exaggerated to the facts, an indication advertisement indicating functionality not recognized by the Minister of Food and Drug Safety shall be punished, and it is invalid by exceeding the limit of the delegation legislation, since it expands the objects of criminal punishment rather than the mother law.

B. Inasmuch as cosmetic effects are merely cosmetic effects, and cannot be deemed to fall under “functional” that means to obtain useful effects for health purposes, since they cannot be seen as cases of improving health contributions or functions, or of improving health maintenance, and thus, they cannot be deemed to fall under “functional” that means to obtain useful effects for health purposes. Thus, advertising the expansion effect of chest cannot be deemed to have made an advertisement with a content that indicates functionality.

(c)

Nevertheless, the court below erred by misapprehending the legal principles on the statutory principle of crime and the limitation of delegation, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Whether Article 18(1)2 of the Health Functional Foods Act violates the principle of statutoryism (1) prohibits a false or exaggerated indication advertisement concerning the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of the records of health functional foods. The court below also prohibits a false or exaggerated indication advertisement. The phrase “a” in this context covers the general use of functional health foods as an example concept, and includes related matters.