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(영문) 대전지방법원 천안지원 2016.06.24 2016고정104
식품위생법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates a general restaurant with “D” in Seo-gu, Seoan-gu, Seoan-gu, Incheon.

Any person who intends to operate a food manufacturing and processing business shall register with the Minister of Food and Drug Safety or the head of a Si/Gun/Gu having jurisdiction over the Special Self-Governing Province.

Nevertheless, the Defendant entered into a verbal contract with the “F” representative located in Seo-gu, Seocheon-gu, Seocheon-si, and, from Oct. 23, 2015 to Oct. 23, 2015, entered into a separate container by manufacturing boomed, bureau, and half-ro in the main line of “D” at each location in “D”, and delivered them to F” companies using the G wing vehicle, including spores, spores, and spores, and spores.

The Defendant, including this, operated the manufacturing business of unregistered foods with an average of seven million won per month from around October 01, 2014 to October 23, 2015 by the aforementioned method.

2. As a business under the Food Sanitation Act, Article 36 of the same Act provides for food manufacturing and processing business (Article 1(1)1) and food entertainment business (Article 37(1)3). Article 37(4) and (5) of the same Act and Articles 25 and 26-2 of the Enforcement Decree of the same Act provide that for the above business, a person who runs a food manufacturing and processing business without the above registration shall file a report or file a registration with the competent authorities. Article 95(2)-2 of the same Act provides that a person who runs a food manufacturing and processing business without the above registration shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won.

In addition, Article 21 of the Enforcement Decree of the same Act stipulates that "business of manufacturing and processing food" is "business of manufacturing and processing food," and that "business of cooking and selling food is incidental to food as a business of cooking and selling food, while explaining the kind of food entertainment business as a kind of food restaurant business, general restaurant business, etc.

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