2015 Highest 1937 Violation of the Act on Origin Labeling of Agricultural and Fishery Products

1. A;

2. Incorporated Company B;

A Representative Director

State of hand (prosecutions) and misunderstandings (public trial)

Attorney Yellow-gu (for the Defendants)

December 10, 2015

The Defendants are not guilty.

The summary of the judgment against the Defendants is published.

1. Facts charged;

Defendant A is the representative director of Defendant A Co., Ltd. and Defendant Co., Ltd. B (hereinafter referred to as “Defendant Co., Ltd.”) is the company that produces consigned, etc.

A. Defendant A

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

The Defendant, as the price of rice for domestic processing used as a string material is so wide that the price of rice for domestic processing was so high that the Defendant manufactured a mixture of imported rice and domestic rice, and displayed and sold the string as if it were used only for domestic rice.

From October 1, 2014 to July 29, 2015, the Defendant: (a) indicated that the Defendant’s place of business of the Defendant from around October 1, 2014 to around July 20, 2015; (b) indicated that domestic rice and imported rice are mixed with 2:1 percent and manufactured; and (c) indicated 10 percent of domestic rice and imported rice is marked as ○○○○○○○○○○○○○○○○○; (d) indicated that the Defendant’s products are the names and content of raw materials; (e) indicated that “○○○○○○○○”, “△△○○○○○○○○○○○○○; and (e) indicated that the product of the Defendant was “○○○○○○○○○○○○○○○○○○; and (e) indicated in the separate list of crimes; and (e) indicated “○○○○○○○○○○○○○○○○○○ KRW 1081,50.30.

As a result, the Defendant falsely marked the origin of rice, which is a raw material such as glass, and sold a total of KRW 533,220,740.

B. Defendant Company

The Defendant Company sold the total amount of KRW 533,220,740 by falsely marking the origin of rice, which is a raw material, such as galking, in relation to the duties of the Defendant Company, at the same time and place as set forth in Paragraph 1.

2. Determination

A. Defense Counsel's assertion

In order to manufacture the instant gals and dynamics, entry and covered balm for the purpose of manufacturing the instant galm and balm. Defendant A used domestic rice for the balmbed balm and imported rice for the purpose of entering the country. However, according to the relevant laws and regulations, entry only constitutes food additives, and is not subject to the origin labeling regulated by the Act on Origin Labeling of Agricultural and Fishery Products, and thus, Defendants’ act in

B. Relevant statutes

Act on Origin Labeling of Agricultural and Fishery Products (hereinafter referred to as the "Act of this case")

Article 5 (Marking of Origin)

(1) A person who produces, processes and ships agricultural and fishery products or the processed products thereof prescribed by Presidential Decree, or sells (including mail order; hereinafter the same shall apply) or stores and displays them for the purpose of sale shall indicate the country of origin on the following:

1. Agricultural and fishery products;

2. Materials for processed agricultural and fishery products. Article 6 (Prohibition of False Labeling, etc.)

(1) No person shall engage in any of the following conduct:

1. False labeling of the country of origin or labeling that may cause confusion as to the country of origin;

3. Selling agricultural and fishery products or the processed products thereof labeled as the country of origin disguised, selling such products mixed with other agricultural and fishery products or the processed products thereof, or storing or displaying such products for sale;

Article 14 (Penal Provisions)

Any person who violates Article 6 (1) shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won, or both penalties may be imposed concurrently.

Enforcement Decree of the Act on Origin Labeling of Agricultural and Fishery Products (hereinafter referred to as the "Enforcement Decree of this case")

Article 3 (Objects of Origin Labeling)

(1) "Agricultural and fishery products or the processed products thereof prescribed by Presidential Decree" in Article 5 (1) of the Act means the following agricultural and fishery products or the processed products thereof:

1. Agricultural and fishery products or processed agricultural and fishery products publicly notified by the Minister of Agriculture, Food and Rural Affairs and the Minister of Oceans and Fisheries as necessary to establish distribution order

2. Agricultural and fishery products or processed products thereof imported or announced by the Minister of Trade, Industry and Energy pursuant to Article 33 of the Foreign Trade Act;

(2) The objects of origin labeling for the raw materials of agricultural and fishery products processed products referred to in Article 5 (1) 2 of the Act shall be as follows: Provided, That water, food additives, spirits, and sugar (including processed sugar products processed mainly from sugars) shall be excluded from the objects subject to the order of mixing ratio and labelling:

1. Subjects of labelling according to the mixing ratio of raw materials;

(a) Where any raw material exists, at least 98 percent in the composition ratio of the raw material used, such raw material;

(b) If no raw material is available for at least 98 percent in the composition ratio of the raw materials used, determination shall be made as two raw materials in the order of high mixing ratio;

( 1 ) 피고인 회사의 막걸리 및 동동주의 제조과정은 다음과 같다. ① 우선, 수입쌀 45kg을 찜기에 쪄서 식힌 후에 조제종국 100g을 찐 쌀에 혼합하여 38 ~ 42시간 숙성하는 방법으로 입국 ( 우리나라의 전통 제조방법은 누룩 ( 분쇄한 밀이나 쌀 등을 반죽하여 모양을 만들고 적당한 온도에서 숙성시켜 만드는 방법 ) 을 쓰고, 일본은 입국 ( 쌀을 쪄서 식힌 후 조제종국을 찐 쌀에 입혀서 38 ~ 42일을 배양하고 냉각하여 10kg씩 무게를 달아 동그랗게 만드는 방법 ) 을 사용한다 ) 을 만든다. ② 입국을 담금 통에 넣고 물 70리터, 효모 120g을 넣어서 저은 후 3 ~ 4일 숙성하는 방법으로 초단을 만든다. ③ 국내산 쌀 95kg, 밀가루 10kg을 찜기에 쪄서 밥을 밥을 만든 후 식혀서 덮밥을 만든다. ④ 덮밥을 입국 초단이 들어 있는 술통에 넣고 물 182리터, 누룩 4. 5kg을 추가로 넣어 저어 주면서 7 ~ 8일 정도 숙성하여 최종적으로 알코올 도수를 조절한 후 출고한다 . ( 2 ) 이 사건에서 막걸리와 동동주는 이 사건 법률 제5조 제1항 제2호에서 규정하는 농수산물 가공품에 해당하고, 이 사건 시행령 제3조 제2항 단서에 따르면, 이 사건 법률 제5조 제1항 제2호에 따른 농수산물 가공품의 원료에 의한 원산지 표시대상에서 " 물, 식품첨가물, 주정 및 당류 ( 당류를 주원료로 하여 가공한 당류가공품을 포함한다 ) "는 제외하는 것으로 규정하고 있으며, 식품위생법 제12조, 제14조에 근거하여 식품첨가물의 기준과 규격을 규율하기 위하여 마련된 식품첨가물공전은 식품첨가물 중 천연첨가물 중 하나로 " 국 " 이 있고, 이 품목에는 곡자, 입국, 조효소제 및 정제효소제가 있는 것으로 정의하고 있다 .

(3) In light of the aforementioned relevant Acts and subordinate statutes, the instant ban and the manufacturing process of the East Jeju, Defendant A and imported rice used in the manufacturing process of the East Jeju shall be deemed to have been used as a raw material for entry into the Republic of Korea, not as a raw material for agricultural and fishery products subject to an indication of origin under the instant Acts. As alleged by the public prosecutor, even though the Defendants used imported rice in the manufacturing process of the Eastju and Eastju, it is necessary to regulate it as if consumers were used only for domestic rice, or to operate food additives manufacturing business under the Food Sanitation Act, the Defendants may not be punished without any separate legislation, solely on the basis that the Defendants were registered with the competent authorities.

3. Conclusion

Thus, since the facts charged in the instant case do not constitute a crime, the Defendants are acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced pursuant to Article 58(2) of the Criminal Act.

Judges Shin Jae-chul