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(영문) 대전지방법원 2017.02.15 2016고정1579
식품위생법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant in the facts charged is a person running “C” in Daejeon Pream-gu B.

The Defendant, from January 2015 to June 9, 2016, without registering “food manufacturing and processing business” with the competent authority from the above “C” to the competent authority, and was engaged in the manufacturing and processing business of unregistered food by manufacturing rice judgment and selling it to D restaurants.

2. Determination

A. According to the interpretation of the relevant provisions under Article 37(4) and (5) of the Food Sanitation Act (hereinafter “Act”), “food manufacturing and processing business” means a business subject to registration, i.e., food manufacturing and processing business, which constitutes a business subject to reporting, and Article 36(2) of the Act and Article 21(2) of the Enforcement Decree of the Act defines “tin-sale manufacturing and processing business” as “business directly selling food prescribed by Ordinance of the Prime Minister to a “final consumer” at a manufacturing and processing business establishment, and Article 44(1) of the Act, Article 57 and attached Table 17 of the Enforcement Rule of the Act prohibit a business operator from selling food manufactured and processed to a “person for sale” and selling such food at a place other than a place of business, except where a business operator, etc. delivers such food directly or directly to consumers.

One part of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 13782, Dec. 21, 1992) was newly established as a type of food manufacturing and processing business under the Food Sanitation Act. The purpose of the new establishment is to ensure that a large volume of production is premised on the previous food manufacturing and processing business, and only if the workplace area is above a certain standard, it is possible to operate and sell all food under the premise of distribution and sale. Thus, in the case of small-scale manufacturing and processing business, it is possible to participate in the food manufacturing and processing business under small capital, in the case of a small-scale manufacturing and processing business that directly sells its products to consumers who are not distributors within the place of business.

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