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(영문) 대법원 2012.10.25 2012도3575
농산물품질관리법위반
Text

The judgment below

The part against Defendant A, B, I, and K Agricultural Cooperatives is reversed, and this part of the case is in question.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, B, I, and K Agricultural Cooperatives

A. (1) Article 2 of the former Agricultural Products Quality Control Act (amended by Act No. 9667 of May 8, 2009, hereinafter referred to as the "Act") provides that "agricultural products" shall be referred to as "unprocessed agricultural products, forest products (excluding stone and aggregate), livestock products, and other products prescribed by Presidential Decree," and subparagraph 6 of Article 15 of the Act provides that "place of origin" shall be referred to as "the country or area where agricultural products are produced or collected" and Article 15 (1) of the Act provides that "the Minister of Food, Agriculture, Forestry and Fisheries shall require a person who sells or processes agricultural products and processed agricultural products to indicate their place of origin" and paragraph (3) of the same Article provides that "where it is prescribed by Presidential Decree for the establishment of distribution order of agricultural products, matters necessary for the items, methods of labeling the place of origin, criteria for determining the place of origin, etc. under paragraph (1) shall be

Article 24(1) of the former Enforcement Decree of the Agricultural Products Quality Control Act (amended by Presidential Decree No. 21805, Nov. 2, 2009; hereinafter “Enforcement Decree”) provides that with respect to the method of indicating the country of origin under Article 15(3) of the Act, “in the case of domestic agricultural products, etc., the name of “domestic products” or “domestic products” or the name of the Special Metropolitan City, Metropolitan City, Do (hereinafter “City/Do”) or Si/Gun/autonomous Gu (hereinafter “Si/Gun/Gu”) that produces such agricultural products shall be indicated” and Article 25(1) of the Enforcement Decree provides that “The criteria for determining the country of origin of domestic agricultural products, etc. under Article 15(3) of the Act shall be as follows:

On the other hand, the law.

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