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(영문) 수원지방법원 2018.02.07 2017고정3243
축산물위생관리법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of processing, manufacturing, packing, and selling livestock products, and the defendant A is the representative director of the corporation B.

Livestock products, the standards for labeling of which are determined, shall be marked in compliance with the standards determined by the Minister of Food and Drug Safety.

1. On October 24, 2017, Defendant A failed to indicate the distribution deadline or to indicate the distribution deadline and the manufacturing date on the labels attached to Dobbbs (1eax 8kg), which are located in C, the land fraternity of which was completed in Co., Ltd. B (buckbs) 8 boxes (1eax 8kg) and chest 24 boxes (1eax 20kg). Defendant A failed to indicate all the manufacturing date, and failed to indicate the distribution deadline and manufacturing date.

2. B Co., Ltd., at the date and time, and at the place of the above 1.1.m., A, the representative director, committed the same violation as described in the above 1.m.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (the current status of B control site for a stock company);

1. Article 45(4) of the Sanitary Control Act and Article 45(6) of the Livestock Products Sanitary Control Act as stated in the indictment appear to be a clerical error in the “Article 45(4) of the Livestock Products Sanitary Control Act”.

Article 6(2)(excluding punishment) Defendant B: Articles 46, 45(4), and 6(2) of the Sanitary Control Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the Provisional Payment Order: Article 334(1) of the Criminal Procedure Act argues that the Defendants made a mark meeting the standards for the labelling of livestock products only with the indication of the distribution deadline except the manufacturing date. However, the criteria for the labelling of livestock products (the detailed labelling standards of livestock products No. 2016-75 of the Food and Drug Safety Notice No. 2016-75 of the Food and Drug Safety Notice) established upon delegation by the Livestock Products Sanitary Control Act are 1. e. 2. f. “The above notice is livestock products (including spats) falling under the proviso of Article 2 subparag. 5 of the said Notice.

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