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(영문) 대법원 2019.08.30 2017도7473
식품위생법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court determined that (1) pursuant to Article 7(1) of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016; hereinafter “former Food Sanitation Act”) and the food standards and specifications (amended by Ordinance of the Ministry of Food and Drug Safety No. 2015-4, Feb. 3, 2015; hereinafter “food Code”) established pursuant to the delegation of the aforementioned provisions are as follows: (a) the food standards and specifications established pursuant to the delegation of Article 7(1) of the former Food Sanitation Act (amended by Act No. 1402, Feb. 3, 2016; hereinafter “Food Code”); and (b) the melting food should be packaged and stored in freezing, and can be used as raw materials only for processed food extraction; and (2) the Defendant cannot be deemed as

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower judgment did not err by misapprehending the purport of the provisions of attached Table 2, and the legal doctrine on “food” under Article 7(4) of the former Food Sanitation Act, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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