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(영문) 서울남부지방법원 2018.07.03 2017노1104
식품위생법위반
Text

The defendants' appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendants (misunderstanding of facts or misunderstanding of legal principles) Article 3(2) of the Enforcement Rule of the Education of Infants Act Article 3(2) of the Enforcement Rule of the Education of Infants Act (Standards, etc. for Meal Facilities and Equipment) (2) The kindergarten that provides meals to at least 10 young children at a time shall have one dietitian licensed pursuant to Article 15 of the National Nutrition Management Act.

Provided, That where two or more kindergartens equipped with meal service facilities and equipment and provide meals adjoin, not more than five kindergartens located in the jurisdiction of the same Office of Education under Article 5 of the Enforcement Decree of the Local Education Autonomy Act may jointly employ dieticians.

the Corporation may have a joint dietitian for not more than five kindergartens.

The detailed work guidelines have not been prepared, and the manuals or separate education has not been implemented through the competent authorities.

In the case of a joint dietitian, even though it is impossible to perform all the duties of the dietitians prescribed by the Act, the Defendants had N who is employed by the joint dietitians examine whether they are in charge of the preparation, sanitary inspection, operation, etc. of the food table, and neglected to pay due attention and supervision concerning the relevant duties.

shall not be deemed to exist.

2. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below, dietitian N shall perform the following duties: Article 52(2) of the Food Sanitation Act (nutritions) 2 of the Food Sanitation Act;

The provisions of Article 10 (1) of the Act on Special Cases Concerning Special Cases Concerning Special Cases, Etc.

1. Preparation and inspection of meals and management of food distribution in a group of meal places;

2. Examination and management of purchased foods;

3. Sanitary management of meal service facilities;

4. Preparation of a place for operating meal facilities in a group;

5. Recognizing that the Defendants violated their duties as dieticians of nutrition guidance and food sanitation education for employees, and NN.

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