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(영문) 창원지방법원 2019.03.21 2018고정686
축산물위생관리법위반
Text

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

1. The summary of the facts charged, the slaughter and treatment of milk, and the processing, packing and storage of livestock products shall be conducted at a place of work permitted by the competent authority;

Nevertheless, from Jun. 2, 2016 to Aug. 2, 2018, the Defendant installed a slaughter facility for livestock from “C” operated by the Defendant in Kimhae-si (hereinafter “C”), such as a sloping machine, LPG container, food blade, and washing place, and received approximately 15,000 won per mari to many unspecified customers, and sold approximately 4,00 mechers of mari per day.

Accordingly, the Defendant slaughtered livestock at a work site without permission.

2. The Defendant’s assertion falls under the case where the Defendant directly cooked and sold to consumers in the areas publicly notified by the Mayor/Do Governor, and thus, he/she may slaughter livestock without obtaining any separate permission pursuant to Article 7(1)3 of the Livestock Products Sanitary Control Act. Thus, the Defendant

3. Slaughter and treatment of livestock, collection of milk, and processing, packaging and storage of livestock products in a place of work permitted in accordance with Article 22 (1) of the Livestock Products Sanitary Control Act;

Provided, That the same shall not apply to any of the following cases:

November 22, 2011;

1. Where a person slaughters and processes livestock for scientific research purposes;

2. Where a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") slaughters and treats livestock for self-consumption in an area determined and publicly announced by type of livestock other

3. Where the owner of the relevant livestock slaughters and disposes of such livestock in an area determined and publicly announced by the Mayor/Do Governor for each type of livestock, excluding cattle, horses, pigs and sheep, for the purpose of directly cooking and selling them to consumers at the relevant place (hereinafter referred to as "self-managed cooking and selling").

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