The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Dominchi, like Gimchi, Kim Gim Kim Gim, Kim Gim Kim roon, which is used as high name on the air franchi and on the surface of franchi, is not considered as being subject to origin labeling, and thus is not subject to origin labeling.

B. The lower court’s sentence of KRW 2,000,000, which was sentenced by the Defendant, is too unreasonable.

2. Determination

A. The purport of the misapprehension of the legal principle lies in guaranteeing consumers' right to know and protecting food service business operators to indicate their origin on the raw materials of agricultural and fishery products or the processed products thereof.

(See Article 1, etc. of the Act on Origin Labeling of Agricultural and Fishery Products). Congratory kimchi is subject to origin labeling after going through the process of cutting down, mixing of opinions, fermentation or processing.

(Article 5(3) of the same Act and Article 3(5)7 of the Enforcement Decree thereof. The lower court determined that “competing” is subject to indication of origin, since “competing” refers to food and drinking as a part of the shares, and thus, it also constitutes “competing” on the national water.

In the case of kimchi provided as aground on the cooling water or the sloping water, it may be separately provided in such a way as to adjust the quantity of the kimchi according to the direction of the customer, and it shall be so provided in actual business places.

In such cases, it is evident that kimchi separately provided corresponds to "companion."

It is not deemed that the subject of origin labeling differs depending on whether the kimchi is separately provided by mixing with air conditioning water, etc., or whether it is provided as aground in advance.

In addition, it is necessary to protect consumers by allowing consumers to know the origin of kimchi being aground in air conditioners, etc., and when the "kimchi" was indicated as "domestic origin", kimchi being aground in air conditioners, such as the defendant provided, will be considered as domestic origin.

In addition, the Gimchi Gim, Kimchi, Kimchi robba, etc.