[1] The meaning of "packaged meat" in the manufacturing or processing of packaged meat for which permission is required by the Mayor/Do governor under the Processing of Livestock Products Act

[2] The case holding that the act of meat sales stores operated by a livestock cooperative cut meat for meal service ordered by the local elementary school and then put it in a paper stuff shall not be deemed as the act of manufacturing the packaging meat, which is a business act subject to permission from the Mayor/Do governor in the Processing of Livestock Products Act

[1] It is reasonable to interpret that "packaged meat" in the manufacturing or processing of packaged meat for which permission is required by the Mayor/Do governor under the Processing of Livestock Products Act means only the meat already cut and sold to consumers directly in the packaging condition.

[2] The case holding that the act of meat sales stores operated by a livestock cooperative cut meat for the purpose of facilitating the cooking of the meat ordered by the elementary school in the area and then put the meat in the paper stuff manufactured by itself for the convenience of delivery cannot be deemed as the act of manufacturing the packaging meat, which is a business activity subject to the permission of the Mayor/Do governor, in the Processing of Livestock Products Act

[1] Article 2 subparag. 7, Articles 4(2), 6(1), and 22(1) of the Processing of Livestock Products Act, Article 2(2), and Article 21 subparag. 3(a) of the Enforcement Decree of the Processing of Livestock Products Act / [2] Article 2 subparag. 7, Article 4(2), Article 6(1), and Article 22(1) of the Processing of Livestock Products Act, Article 2(2), and Article 21 subparag. 3(a) of the Enforcement Decree of the Processing of Livestock Products Act

A and one other

Postal Affairs Commission

Attorney B

Defendants are not guilty.

Punishment of the crime

Defendant A is CFD and Defendant C Livestock Industry Cooperatives is a legal entity established for the purpose of promoting productivity and enhancing the economic and social status of its members through their independent cooperative organization:

The meat sales store of the said Livestock Cooperatives E points written a report on meat sales business from the government-invested market dated May 25, 2002 and operated. The said meat sales store must sell the processed meat at the slaughterhouse to the extent that customers sell it in the store, i.e., to the extent of their orders, by displaying and storing it in the display room in the slaughterhouse as freezing or air conditioning, and selling it in the room without obtaining permission from the competent authorities, even though it is necessary to operate livestock product processing business with permission, in order to supply the said meat to a wholesale retail outside the store by cutting it after receiving orders from school meal materials, cutting it, processing it, and then cutting it, cutting it, and processing it into a food supply material, without obtaining permission from the competent authorities.

1. Defendant A

On February 17, 2003, at a livestock industry cooperative E branch located at the Government-si of the Gyeonggi-si, and at an underground first floor meat retail store, he/she carries out the treatment of livestock products without permission, such as cutting the meat by receiving orders for delivery of meat, pigs, and bones, etc. from six elementary schools, such as the border school, etc. located in the Government, from six elementary schools, and cutting them, and then packaging them into the said livestock industry stuff and delivering them by inserting the kinds of meat, weight, and delivery amount, as shown in the daily list of crimes, for a period of approximately two months from April 22, 2003, he/she carries out the treatment of livestock products without permission, such as supplying the total amount of KRW 1,523.5km, such as cattle, swine, and bones, 12,485,650 won, such as bones, etc.

2. Defendant C Livestock Industry Cooperatives

Defendant A, who is his employee, committed an act of violation as referred to in the above paragraph (1).

Maz.

1. Relevant regulations and interpretation

In this case, the Processing of Livestock Products Act provides that a person shall obtain permission from the Do Governor to operate a meat processing business, which is a business that manufactures processed meat (Article 22(1) and Article 21 subparag. 3(a) of the same Decree). The above processed meat is a package, sa, sab, beer, dried meat, spiced meat, and other processed meat as raw material; processed meat; processed meat; processed meat products; processed meat products; processed meat products; processed meat products; edible meat extraction products; edible meat; edible meat; edible meat; edible meat (Article 2 subparag. 7 of the same Act and Article 2(2) of the Enforcement Decree). The above processed meat is packaged (Article 21 subparag. 3(a) of the same Decree; Article 21 subparag. 3(a) of the same Decree). The above processed meat products are not subject to permission from the Do Governor to contain and pack the processed meat in a container and directly pack it to consumers (Article 20(2) of the same Decree; Article 20(2-6) of the same Decree) of the same Act).

2. Facts of recognition;

In full view of the statements and statements made by Defendant A in this court and in the investigative agency, the statements and statements made by the witness G in this court, the images of the relevant photographs, the fact-finding table, and the statements in subparagraphs 1 through 12 of the evidence submitted by the Defendants in relation to the contract for the supply of school meal services, the following facts may be recognized.

A. On May 25, 2002, Defendant A completed the report on meat sales business to the Government Mayor on May 25, 2002, with two air conditioners, one meat saving machine, one bones cutting machine, one bones cutting machine, and one slot cut machine, and sold meat to many and unspecified general customers.

B. From around 2002, the above Defendant entered into a school meal service supply contract with the Gyeongwon school, Solin Elementary School, Yongsan Elementary School, the Gulin Elementary School, the Gulin Elementary School, etc. located within the city of the government, and was selected as a supplier on the bidding date that is regularly opened at each of the above schools, the above Defendant received specific orders from the above schools, cut meat to be supplied one day before the delivery date, and supplied meat to the above schools on the delivery date. The type and quantity of the supplied meat was determined at that time in accordance with the food table of each school.

C. The meat supplied to a school is cut so as to be easy to cook, packaged into vinyl, sealed in paper stuffs and supplied to each school with air conditioners with frigerites, etc. The meat packed in paper is printed with words such as “group meal products”, “Cathos”, “cathos storage”, and “cathos storage”, and on the part of which words such as product name, product name, permit number H, return and exchange place Cathos at the Government of Gyeonggi-do, Gyeonggi-do.

3. Determination

As acknowledged earlier, in regard to whether the instant meat, etc. were processed and packaged in advance for the purpose of selling it directly to consumers, it is reasonable to view that Defendant A was supplied to six elementary schools located within the Government of the Republic of Korea for the convenience of consumers, and that Defendant A was already put in paper boxes produced for delivery convenience after cutting and packaging the instant meat, which was ordered by the school to facilitate school meal services. The reason why the meat was cut in advance was that the time of cutting the meat was immediately prior to the supply of meat, and that the form of packaging was inappropriate for the purpose of general distribution, such as sealing the meat in plastic paper and sealing it into packaging tapes. In light of the above, Defendant A’s act of supplying the instant meat to six elementary schools located within the Government of the Republic of Korea for the convenience of consumers, it is reasonable to deem that the instant meat was supplied to be put in paper boxes produced for delivery convenience, and there is no other evidence to acknowledge that it was an act of manufacturing and selling it in advance to consumers, i.e., manufacturing and selling it., manufacturing and selling it to consumers.

Therefore, the Defendants are acquitted in accordance with Article 325 of the Criminal Procedure Act because the facts charged against the Defendants are not a crime or there is no proof of a crime.

Warrant of Judge Injury