(영문) 대법원 2017.3.30.선고 2015도5444 판결

1. The summary of the facts charged in the instant case is as follows: from January 1, 201, the Defendant who runs a fishery products distribution business.

Before June 25, 2013, using two freezings for freezings, beliba, yeast, yeast, red, by using two freezings for freezings.

Transporting of 60 or more freezing fishery products, such as slaughter, tending, spawn, spawn, spawn, etc., to a restaurant in a mountain.

such as distributing in wholesale and retail, it is not equipped with facility standards and KRW 2 billion in the year 2012.

A person who runs a food transportation business to the extent that he/she did not report food transportation business;

is the same.

The court below, at the request of the purchaser, held that the defendant sells freezing fishery products;

Anti-refluence is made at the place of business of the relevant business operator under the proviso to Article 21 (4) of the Enforcement Decree of the Food Sanitation Act.

In case of transporting foods for the purpose of selling them, it is not considered to be subject to reporting of food transportation business.

In addition, the first instance judgment that acquitted the defendant was affirmed.

2. The key issue of the instant case is whether the Defendant’s freezing fishery products transport business is subject to reporting.

We examine the denial and this.

(a) A person who intends to run a business prescribed by Presidential Decree pursuant to the former part of Article 37 (4) of the Food Sanitation Act:

To report to the competent authorities by type of business or by place of business as prescribed by Ordinance of the Ministry of Education.

section 25(1)4 of the Enforcement Decree of the Food Sanitation Act, upon delegation, shall report the business.

Article 21 (4) refers to "food transportation business", which is one of the types of business that must be engaged in. Food transportation business

§ 21.4 of the Enforcement Decree of the Food Sanitation Act (hereinafter referred to as the "fungchisor") that can be directly consumed.

Food that is likely to be decomposed and changed, such as fish, birds, and products processed therefrom, shall be hygiene;

‘business of transport' and the proviso thereof are sold at the place of business of the business operator.

transportation for purposes of transportation, and transportation of foods manufactured or processed by the relevant business operator;

the Food Sanitation Act provides that food transportation business shall be reported in accordance with the Food Sanitation Act.

Matters shall be determined by the Ordinance of the Ministry of Food and Drug Safety, but excluded from business reports under the proviso of Article 21 (4)

The exception is specified.

According to the language, content, and regulatory system of the proviso of Article 21 subparag. 4 of the Enforcement Decree of the Food Sanitation Act.

The business operator who transports foods for the purpose of sale in the place of business of the relevant business operator.

(a) means the transport of food for sale at one’s own place of business;

In this regard, the process of selling food that is likely to be decomposed or changed by a business operator is to be considered.

not even if they are transported to the buyer. The food sale business and the food transport business shall not be deemed to include the case of transportation to the buyer.

Food for food sellers even if they are equipped with necessary facilities due to a change in facility standards for the counter-business;

to the extent that the food distributor is not equipped with necessary facilities as a carrier, and that the food distributor sells it at the place of business.

for the purpose of transporting food that is likely to be decomposed or changed and selling such food;

the degree of sanitary harm that may arise in the event of transportation to the purchaser is different;

In other words, it is reasonable to interpret it as above.

B. The Defendant did not report food transportation business, but did not report betabropolym calcol, calotin, calotin, and red.

A plate on restaurants, etc. located in a mountain for freezing fishery products, such as joint slaughter, tending, spawned, spawd, spawd, etc.

An act of transport at the time of sale is defined in the main sentence of Article 21(4) of the Enforcement Decree of the Food Sanitation Act.

It is an exception to reporting food transportation business, which is a business transporting food that is likely to be decomposed or changed;

In the proviso to Article 21 subparagraph 4 of the Enforcement Decree of the Food Sanitation Act, the sales at the place of business of the relevant business operator.

‘transporting food for the purpose of sale'. In addition, the defendant's marketing of fishery products.

The fishery products have been transported continuously and repeatedly using the freezing truck, while engaging in the business of each other.

The defendant should be deemed to have sold and transported fishery products for profit-making purposes. Accordingly, the defendant

The above acts without reporting food transportation business pursuant to Article 37 (4) of the Food Sanitation Act

was illegal.

3. Nevertheless, the lower court held that the Defendant’s act does not constitute reporting of food transportation business.

In light of the facts charged, the lower court acquitted the Defendant on the charges of this case.

In so determining, the lower court erred by misapprehending the legal doctrine on the interpretation of the Enforcement Decree of the Honorary Life Act.

The ground of appeal pointing this out is with merit.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion.

It is so decided as per Disposition by the assent of all participating Justices on the bench.