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The judgment of the court below is reversed, and the case is remanded to the Seoul Northern District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. Articles 14 and 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter “Rules of Origin”) provide that an act of falsely labeling the country of origin or labeling that may cause confusion as to the country of origin shall be punished.
In addition, the Ministry of Agriculture, Food and Rural Affairs and the Ministry of Oceans and Fisheries jointly prescribe matters necessary for labeling, etc. that may cause confusion about the country of origin in violation of Article 6 (3) of the Origin Labeling Act.
Accordingly, Article 4 [Attachment 5] of the Enforcement Rule of the Act on Origin Labeling of Agricultural and Fishery Products provides that "a mark that may cause confusion with the country of origin" means a mark that may cause confusion with the country of origin by misunderstanding the country of origin by putting a similar mark on packaging signs, signs, publicity materials or any other similar one in the indication column of origin, and the indication column of origin stipulates that "domestic products" shall be indicated as "domestic products" and the case where the name of a domestic famous special product product is indicated as one of the examples where the consumer can easily see, such as the front side of packing materials in a large
However, in the above Enforcement Rule, it does not clearly stipulate that a regional name may be used within any scope, and in this regard, the “main literature and answer materials published by the National Agricultural Products Quality Management Service” indicates that “in the case of using the regional name in the domestic processed products as the product name, agricultural products produced in this area shall be used. For example, in the case of using both regional name and agricultural products as the product name, such as e.g., e., e., e., e., e., e., e., rice produced in e., e., e., e
Meanwhile, Article 15 of the Ginseng Industry Act.