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(영문) 울산지방법원 2014.09.26 2014고정478
식품위생법위반
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant A is a person engaged in fishery products distribution business, such as supplying fishery products in the name of "E" in the name of "E" in Ulsan-gu, Ulsan-gu, and Defendant B is a person engaged in fishery products distribution business, such as supplying fishery products in the name of "G from Ulsan-gu, Ulsan-gu, to wholesale and retail."

A person who intends to engage in food transportation business shall meet certain standards for facilities, such as transportation facilities, tea facilities, garages, and offices, and shall report to the head of the competent Si/Gun/Gu.

1. From March 2008 to June 27, 2013, Defendant A did not meet the facility standards, such as transporting three marine products, such as birds, holess, fallens, and tidal ginseng, from the said place of business from around March 2008 to from June 27, 2013, to restaurants, and distributing them through wholesale and retailing, but did not report food transportation business to the head of Ulsan-do head of the food transportation business under his/her jurisdiction while running the food transportation business with sales amounting to KRW 1.8 billion in the year 2012.

2. From May 2010 to June 28, 2013, Defendant B had two participants, such as “I”, in the pertinent place of business of “G,” and did not meet the facility standards, such as transporting fishery products, such as U.S., U.S., U.S. and U.S., U.S., U.S. and U.S., U.S., U.S., U.S., and U.S., U.S., U.S., U.S., and U.S., and did not report food transportation business to the head of U.S., U.S., U.

2. Determination

A. The summary of the Defendants and their defense counsel’s assertion 1) transported “vit language,” and “vit language,” unlike other food, is not likely to be decomposed or deteriorated as they are transported in living condition, and thus, it does not constitute “food” under the Food Sanitation Act or “food that is likely to be decomposed or deteriorated, such as fish and fish, etc., which is subject to reporting of food transportation business.” 2) Even if not, the Defendants sell active language.

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