The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding or legal principles 1) The Defendant merely received monthly salary from J, the representative of the principal of H kindergarten, and served as the president or the so-called “Appointment Director” or “Monthly Director”, which is merely a group meal service operator who intends to punish under the Act on Origin Labeling of Agricultural and Fishery Products, and does not constitute an “individual” under Article 100 of the Food Sanitation Act.

2) Article 3(2) of the Enforcement Rule of the Infant Education Act (Article 3(2) of the Enforcement Rule of the Infant Education Act (Article 3(2)) provides meals to not less than 100 young children at a time, one dietitian licensed pursuant to Article 15 of the National Nutrition Management Act shall be placed in a kindergarten.

Provided, That where two or more kindergartens equipped with meal service facilities and equipment and provide meals adjoin, not more than five kindergartens located in the jurisdiction of the same Office of Education under Article 5 of the Enforcement Decree of the Local Education Autonomy Act may jointly employ dieticians.

the Corporation may have a joint dietitian for not more than five kindergartens.

In addition, there are no specific laws or administrative standards such as the number of working days or the form of work of a joint dietitian, and the competent authorities have no guidance or supervision over them.

In such a situation, the defendant had D employed as a joint dietitian visit a kindergarten for up to two months to check food teams and food materials, hygiene education for cooks, food table inspection, etc., and neglected due care and supervision over the relevant duties.

shall not be deemed to exist.

3) In addition, in light of the aforementioned circumstances, the Defendant was erroneous that his act did not constitute a crime under the law, and there was a justifiable reason for misunderstanding, and thus, there was an error in the law under Article 16 of the Criminal Act.