Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Criminal facts

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation that imports and sells imported food, etc.

1. No importer or seller of imported foods, etc. shall subdivide, transport, display or store imported foods, etc., the distribution period of which expires, for sale, or sell such foods, etc.;

Nevertheless, around September 8, 2016, the Defendant kept 235 g in the freezing name column 235 g, “The date of manufacture: February 7, 2014; from the date of manufacture to the date of 12 months from the date of manufacture” at the D freezing warehouse located in Seo-gu, Busan, Seo-gu, Busan.

Accordingly, the Defendant stored imported foods, the distribution deadline of which has expired, for the purpose of sale.

2. B Defendant A, the representative director of the Defendant, committed the above violation in relation to the Defendant’s business at the above date, place, and at the above time and place.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Police seizure records and list of seizure;

1. The application of Acts and subordinate statutes to report internal investigation (related to attachment of photographs, materials, etc.) and report internal investigation (related to attachment of written response to food and drug address);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 43 Subparag. 5 and Article 18(1) of the Special Act on Imported Food Safety Control (Selection of a punishment);

(b) Defendant B: the main sentence of Article 45, Article 43 subparag. 5, and Article 18(1) of the Special Act on Imported Food Safety Control

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 48 (1) of the Criminal Act (Defendant A) of the Confiscation Act;

1. Reasons for conviction under Article 334(1) of the Criminal Procedure Act

1. Whether Article 25 of the Enforcement Rules of the Special Act on Imported Food Safety Control is unconstitutional;

(a) Article 18(1) of the Special Act on Imported Food Safety Control provides that "a business operator shall observe the matters prescribed by Ordinance of the Prime Minister in order to ensure the safety of imported foods, etc., maintain a sound trade order, and promote people's health," and Article 25 and attached Table 8 of the Enforcement Rule shall comply with the business operator.