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(영문) 서울남부지방법원 2017.05.19 2016고정3003
식품위생법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. A dietitian working for a group meal service in D's non-performance of duties shall perform duties of preparation of meals in a group meal service establishment, inspection of meals and food distribution management, examination and management of purchased foods, sanitary management of meal service facilities, preparation of logs for the operation of a group meal service establishment, nutrition guidance for employees and education on food sanitation;

Nevertheless, D, from February 2013 to October 2016, 2016, received KRW 200,000 from “F kindergarten” located in Yangcheon-gu Seoul Metropolitan Government and “H kindergarten located in Yangcheon-gu Seoul Metropolitan Government as a dietitian’s salary and issued a dietitian’s license, and issued the dietitian’s license. However, D visited the above kindergarten only three to four times a year to check the meal table, and did not perform the above duties of dietitians, such as preparation of a meal group, inspection and distribution management, examination and management of purchased foods.

2. Defendant A, as the president of the “F kindergarten” in Yangcheon-gu Seoul Metropolitan Government E, committed an act of violating the duties of dietitian D, who is an employee of the Defendant, as prescribed in paragraph (1) with respect to the Defendant’s duties.

3. Defendant B

A. The Defendant violating the Act on Origin Labeling of Agricultural and Fishery Products is the head of the “H kindergarten” in Yangcheon-gu Seoul Metropolitan Government, and is the operator of a group meal facility in the said kindergarten.

No person shall make a false indication of origin or make an indication that may cause confusion as to the origin.

Nevertheless, around October 18, 2016, the Defendant purchased a domestic plant fat with food materials from “I”, a food materials supplier, as well as domestic plant fat, and used it as food materials such as beef fat, etc., for the purpose of using it as food materials for the country of beef fat, etc., and made a false indication of origin or a false indication of risk of confusion.

B. The Defendant violating the Food Sanitation Act is the president of the “H kindergarten” located in Yangcheon-gu Seoul Metropolitan Government G.

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