All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Article 52(2) of the Food Sanitation Act, which provides for the misunderstanding of facts or misunderstanding of legal principles, conflicts between the Enforcement Rule of the Infant Care Act and the Enforcement Rule of the Early Childhood Education Act, which provides a joint dietitian system, and the contents thereof, and also violates the principle of clarity and appropriateness as required in the principle of

Therefore, the defendants, who trusted various public questions provided by Seoul Special Metropolitan City and the Ministry of Food and Drug Safety, are not aware that their acts do not constitute a crime under the law, and there is a justifiable reason for misunderstanding.

B. The sentence imposed by the lower court (one million won per fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake or misapprehension of legal principles, Article 16 of the Criminal Act provides that an act of misunderstanding that one’s act constitutes a legal mistake under Article 16 of the Criminal Act shall not be punishable only when there are justifiable grounds for misunderstanding. However, in one’s special circumstances, it shall not be punishable if the misunderstanding is recognized that it is permitted by the law and does not constitute a crime under the law, and there are justifiable grounds for misunderstanding of the misunderstanding (see, e.g., Supreme Court Decisions 91Do2525, May 22, 1992; 2000Do1696, Jan. 25, 2002). Whether there exists a justifiable reason should be determined depending on whether the misunderstanding of the misunderstanding’s intellectual ability could be examined or inquired by the misunderstanding of the misunderstanding’s intellectual ability.