Crimes of Food And Health

Home > Sentencing Guidelines > Crimes of Food And Health
Promulgated on March 21, 2011, Effective on July 1, 2011


  1. 1. FALSE LABELING
식품 보건범죄 양형기준
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Minor Violations
(less than 50 million won)
~ 8months 4months ~ 1yr 10months
~ 1yr 6months
2 Standard Violations형 4months ~ 1yr 10months ~ 2yrs 1yr 6months
~ 3yrs 6months
2 Major Violation
(more than 500 million won)
8months ~ 2yrs 1yr 6months ~ 3yrs 2yrs ~ 4yrs 6months
식품 보건범죄 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Offense Committed From
    Employment Relationship or Job
    Related Instructions
  • Extent of Violation Not Severe
    (Such As Selling Counterfeits Along
    With Genuine Products)
  • Cases Not Involving False Place of
    Origin Labeling or Fraudulent Acts
    Concerning Livestock
  • Food Products and Similar Products
    Were Not Placed Within the Chain
    of Distribution
  • Resulted in Severe Damage to
    Public Confidence
  • Significant Difference Between the
    Genuine Product’s Retail Market
    Price and the Suggested Retail
    Price for the Product in Question
  • Cases Involving Pharmaceutical
    Drugs or Cosmetics
  • Involves Organizational,
    Premeditated or Professional
    Schemes
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies or Whistle-blowing of
    Corruption
  • Criminal History of the Same Type
    of Offense
General
Sentencing
Determinant
Conduct
  • Actual Profits Gained From Offense
    Not Substantial
  • Motive for Committing Offense
    Can be Taken into Consideration
  • Offender Actively Promoted Sales
    Through the Media (Such as
    Television)
  • Commission of Crime Through
    Collusion With Inspecting Public
    Officials
  • Commission of the Offense
    Prolonged for Extended Duration
Actor/etc.
  • Immediate Measures Taken to
    Close Business; Dispose the
    Product at Issue; or Other Similar
    Measures Taken After Notice of
    Violation
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • Destroying Evidence or Attempting
    to Conceal Evidence After
    Commission of the Offense
  • Repeated Offenses of Different
    Type under the Criminal Act or
    Criminal History of Same Type of
    Offenses that Does Not Constitute
    Repeated Offenses under the
    Criminal Act(This Applies When the
    Criminal History is Within Ten Years
    After Completion of Sentence)
  1. 2. HARMFUL FOOD PRODUCTS, PHARMACEUTICAL DRUGS, OR COSMETICS
식품 보건범죄 양형기준
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Manufacturing, or similar acts of
counterfeit food products, or other
products which does not comply
with standard specifications
8months
~ 1yr 6months
1yr ~ 2yrs 6months 2yrs ~ 4yrs
2 Manufacturing, or similar acts of
harmful food products, or other
similar products
1yr ~ 2yrs 1yr 6months ~ 3yrs 2yrs 6months
~ 5yrs
3 Manufacturing, or similar acts of
diseased animal as ingredient for
food products
1yr 6months ~ 3yrs 2yrs
~ 4yrs 6months
4yrs ~ 7yrs
4 Selling, or similar acts of severely
harmful food products, and other
similar products
2yrs 6months
~ 4yrs
3yrs 6months
~ 6yrs
5yrs ~ 8yrs
5 Cases resulting in death 4yrs ~ 7yrs 5yrs ~ 8yrs 7yrs ~ 10yrs
식품 보건범죄 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Offense Committed From
    Employment Relationship or Job
    Related Instructions
  • Food Products and Similar Products
    Were Not Placed Within the Chain
    of Distribution
  • Resulted in Serious Bodily Harm;
    Involves High Risk of Causing
    Serious Bodily Harm; or Caused
    Bodily Harm to Multiple Victims
  • Use of Illegal Methods Such As
    False Documents or Forgery
  • Food Products of 100 Million Won
    or More Retail Price,
    Pharmaceutical Drugs (or the Like)
    of 20 Million Won or More Retail
    Price
  • Cases Involving Baby Food or
    Foods Consumed by Children
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies or Whistle-blowers
  • Criminal History of the Same Type
    of Offense
General
Sentencing
Determinant
Conduct
  • Non-active Role Involving
    Manufacturing or Distribution in the
    Commission of the Offense;
    Engaged in Transporting,
    Preserving, or Displaying the
    Products
  • Motive for Committing Offense
    Can be Taken into Consideration
  • Commission of Crime Through
    Collusion With Inspecting Public
    Officials
  • Commission of the Offense
    Prolonged for Extended Duration
  • Resulting in Bodily Harm (Excludes
    Cases That Resulted in Serious
    Bodily Harm; Involves High Risk of
    Causing Serious Bodily Harm; or
    Caused Bodily Harm to Multiple
    Victims)
  • Involves Pharmaceutical Drugs
    (Type 1, 4, 5)
  • Violations of Food Sanitation Act,
    Article 93, Paragraph 2 (Type 2)
Actor/etc.
  • Immediate Measures to Close
    Business, Dispose of the Product
    and Other Similar Measures Taken
    After Notice of Violation
  • Offender Expresses Remorse and
    the Patient Opposes Punishment
    (For Cases Resulting in Bodily Injury
    or Death)
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • Destroying Evidence or Attempting
    to Conceal Evidence After
    Commission of the Offense
  • Repeated Offenses of Different
    Type under the Criminal Act or
    Criminal History of Same Type of
    Offenses that Does Not Constitute
    Repeated Offenses under the
    Criminal Act (This Applies When the
    Criminal History is Within Ten Years
    After Completion of Sentence)
  1. 3. ILLEGAL MEDICAL PRACTICES
식품 보건범죄 양형기준
Type Classification Mitigated
Sentencing Range
Standard
Sentencing Range
Aggravated
Sentencing Range
1 Simple unlicensed medical
practice
4months ~ 1yr 8months ~ 2yrs 1yr 6months ~ 3yrs
2 Unlicensed medical practice as a
business
1yr ~ 2yrs 6months 1yr 6months ~ 3yrs 2yrs 6months ~ 4yrs
2 Cases resulting in death 2yrs 6months
~ 5yrs
4yrs ~ 7yrs 5yrs ~ 8yrs
식품 보건범죄 양형기준
Classification Mitigating Factor Aggravating Factor
Special
Sentencing
Determinant
Conduct
  • Commission of Offense Caused by
    Patient’s Active Demand in Cases
    of Extreme Difficulties in Providing
    Medical Treatment or No Known
    Cure in Modern Medicine
  • Treatment Known to be Low Risk
    or Effective upon Objective
    Judgment
  • Offense Committed From
    Employment Relationship or Job
    Related Instructions
  • Resulted in Serious Bodily Harm;
    Involves High Risk of Causing
    Serious Bodily Harm; or Caused
    Bodily Harm to Multiple Victims
  • Significant Amount of Profits
    Gained Through Offense (Type 2)
  • Cases Involving Misleading the
    Patient Such As Performing Medical
    Practices as a Physician, Dentist, or
    Doctor Practicing Oriental Medicine
    Without Qualification
Actor/etc.
  • Those with Hearing and Visual
    Impairments
  • Those with Mental Incapacity
    (Cases Where the Offender Cannot
    be Held Liable)
  • Voluntary Surrender to Investigative
    Agencies or Whistle-blowing of
    Corruption
  • Criminal History of the Same Type
    of Offense
General
Sentencing
Determinant
Conduct
  • Given Prior Consent by the Patient
  • Commission of Crime Through
    Collusion With Public Officials
    Responsible for Inspecting
  • Commission of the Offense
    Prolonged for Extended Duration
  • Cases Resulting in Non-serious
    Bodily Injuries
Actor/etc.
  • Offender Expresses Remorse and
    the Patient Opposes Punishment
  • Expresses Sincere Remorse
  • No Prior Criminal History
  • Destroying Evidence or Attempting
    to Conceal Evidence After
    Commission of the Offense
  • Repeated Offenses of Different
    Type under the Criminal Act or
    Criminal History of Same Type of
    Offenses that Does Not Constitute
    Repeated Offenses under the
    Criminal Act(This Applies When the
    Criminal History is Within Ten Years
    After Completion of Sentence)
  1. 1. FALSE LABELING
    • This means offenses with the following elements of offense as prescribed in the applicable law (Applies to all offenses).
식품 보건범죄 양형기준
Elements of Offense Applicable Law Sentencing Range
by law
(i) False labelling of the place of origin indication or labelling
of indication that is likely to cause confusion to the
product's place of origin
(ii) Damaging, altering the label of place of origin indication
with purpose to cause confusion to the product's place
of origin
(iii) Selling product with camouflaged place of origin
indication or selling, storing·displaying with a purpose
to sell the mixture of agricultural·fishery products (or
processed products of those) with place of origin
indication and products without aforementioned
indication
Act on Place of Origin
Indicationof
Agricultural and
Fishery Products
Article 14
imprisonment not
exceeding 7 years or
fine or fine not
exceeding 100 million
won
(may be imposed
concurrently)
Following act by the person who cooked and
sold·provided agricultural·fishery products or those
processed products
(i) False labelling of the place of origin indication or labelling
of indication that is likely to cause confusion to the
product's place of origin
(ii) Cooking·selling·providing the product of which the
place of origin indication is camouflaged or storing,
displaying the products with damaged·altered place of
origin indication with purpose to cook·sell·provide
those products
(iii) Cooking·selling·providing the agricultural·fishery
products (or processed products of those) with place of
origin indication adulterated with the same kind of
products without the place of origin indication
Act on Place of Origin
Indication of
Agricultural and
Fishery Products
Article 15
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 30 million
won
(i) False labelling of the genetically modified agricultural
product indication or labelling an indication that is likely to
cause confusion to whether the product has been
genetically modified
(ii) Damaging·altering the label with purpose to cause
confusion to the genetically modified agricultural product
indication
(iii) Selling or storing·displaying with purpose to sell the
mixture of agricultural products with genetically modified
agricultural product indication and other agricultural products
Agricultural
Products Quality
Control Act, Article
34 - 3
imprisonment not
exceeding 7 years or
fine or fine not
exceeding 100 million
won
(may be imposed
concurrently)
(i) False labelling of the genetically modified fishery product
indication or labelling an indication that is likely to cause
confusion to whether the product has been genetically
modified
(ii) Damaging·altering the label with purpose to cause
confusion to the genetically modified fishery product indication
(iii) Mixing of the products with genetically modified fishery
product indication and other fishery products
Fishery Products
Quality Control Act,
Article 53
imprisonment not
exceeding 7 years or
fine or fine not
exceeding 100 million
won
(may be imposed
concurrently)
(i) increasing weight or volume by deceitful methods such
as forcing livestock to drink water or infusing water into
meat
Livestock Products
Sanitary Control Act,
Article 45, paragraph 1
subparagraph 3
imprisonment not
exceeding 7 years or
fine or fine not
exceeding 100 million won
(may be imposed
concurrently)
(i) selling or importing, displaying, transporting with purpose
to sell or using in business the food products, etc. which
the labelling criteria (concerning foods or food additives,
apparatus and containers·packages of which the criteria
and standard is prescribed, genetically modified foods) is
prescribed, without the proper labels that comply with
the criteria (relevant provisions are applied mutatis
mutandis to mass feeding facility)
(ii) false labeling or exaggerated advertisement concerning
the title, manufacturing methods, quality, indication of
nutrition, place of origin indication, or background
traceability indication/exaggerate packaging/labeling or
advertising that is likely to cause confusion of foods or
food additives with medicines
Food Sanitation Act,
Article97 subparagraph
1[only in cases of
violating Article 10,
paragraph 2 (including
cases to which those
provisions are applied
mutatis mutandis by
Article 88), Article 13,
paragraph 1]
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 30 million
won
(i) false·exaggerated labelling or advertising of title, raw
material, manufacturing methods, nutrition, ingredients,
usage, quality and background traceability etc.
(ii) labelling·advertising by using the title of 'company applying
excellent manufacturing standard' or similar contents
when the offender was not designated as such company
(iii) selling functional food products violating prescribed
labeling criteria, violating the prohibition of labelling that
is likely to cause confusion
Act on Functional
Health Foods Article
44 subparagraph4, 6, 7
(limited to cases
violating Article 25, 26)
imprisonment not
exceeding 5 years or
fine or fine not
exceeding 50 million
won
(may be imposed
concurrently)
(i) placing geographical indication or any indication similar
thereto on the package·containers·advertisement and
relevant document when the pertaining agricultural
products or processed agricultural products are not a
'geographical indication product'
(ii) selling or storing·displaying with purpose to sell the
mixture of agricultural products or processed agricultural
products of standard specification, certification of
excellent control, background traceability or geographical
indication with those products which do not qualify for
aforementioned title
(iii) placing indication of standard specification, certification
of excellent control, background traceability or any
indication similar thereto to agricultural products or
processed agricultural products that are not qualified to
use such titles
Agricultural Products
Quality Control Act,
Article 35
subparagraph 1 to 3
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 30 million
won
(i) false labelling such as placing indication of standard
specificationㆍcertification of qualityㆍbackground
traceabilityㆍcertification of environment friendly fishery
product orgeographical indication or any indication similar
thereto to fishery products or processed fishery products
that are not qualified to use such titles, selling of those
falsely labelled products, selling of the adulterated products
Fishery Products
Quality Control Act,
Article 53 - 3
subparagraph 1
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 30 million
won
(i) false labellingㆍexaggerated advertisement of the
livestock products concerning the titleㆍmanufacturing
methodsㆍingredientsㆍnutritionㆍquality and its
packaging or exaggerated packaging
Livestock
ProductsSanitary
Control Act, Article 45,
paragraph 2
subparagraph 14
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 50 million won
(may be imposed
concurrently)
(i) selling or storingㆍdisplaying with purpose to sell the
medicines of which the container, package, appended
document do not include properly the information which
prescribed to be stated on containers, etc.
(ii) placing on the containerㆍpackage or appended
document of the product which is not a medicine the
indication which is likely to mislead consumers to believe
that the product has medical effectㆍefficacy or running
such misleading advertisement, selling or
storingㆍdisplaying with purpose to sell the product with
aforementioned labelㆍadvertisement
(iii) relevant provisions shall be applied mutatis mutandis to
'non-medicine therapeutic products'
Pharmaceutical Affairs
Act, Article 93,
paragraph 1
subparagraph 10
[limited to cases
violating Article 61,
paragraph 1
subparagraph 1
(however, selling, etc.
of the 'counterfeited
medicine' is excluded),
paragraph 2. including
cases to which those
provisions are applied
mutatis mutandis by
Article 66]
imprisonment not
exceeding 5 years or
fine or fine not
exceeding20 million
won
(may be imposed
concurrently)
(i) selling or storingㆍdisplaying with purpose to sell the
cosmetics of which the labelsㆍindications are likely to
mislead consumers to believe that the product has
medical effectㆍefficacy
Cosmetics Act, Article
28, paragraph 1
subparagraph 4
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 10 million
won
(may be imposed
concurrently)
  1. 2. HARMFUL FOOD PRODUCTS, PHARMACEUTICAL DRUGS, OR COSMETICS
    • A. TYPE 1 MANUFACTURING, OR SIMILAR ACTS OF COUNTERFEIT FOOD PRODUCTS, OR OTHER PRODUCTS WHICH DOES NOT COMPLY WITH STANDARD SPECIFICATIONS
식품 보건범죄 양형기준
Elements of Offense Applicable Law Sentencing Range
by law
(i) selling or manufacturing·importing·processing·
using·cooking·storing·subdividing·transporting·
preserving or displaying with purpose to sell foods or
food additives that do not comply with standards and
specifications announced by Korea Food and Drug
Administration
(ii) selling or manufacturing·importing·storing·
transporting·displaying with purpose to sell or using in
business of apparatus and container·package that do
not comply with standards and specifications announced
by Korea Food and Drug Administration
(iii) relevant provisions shall be applied mutatis mutandis to
mass feeding facility
Food Sanitary Act,
Article 95
subparagraph 1
(limited to cases
violating Article 7.,
paragraph 4, Article9,
paragraph 4. including
cases to which those
provisions are applied
mutatis mutandis by
Article 88)
imprisonment not
exceeding 5 years or
fine or fine not
exceeding 50 million
won
(may be imposed
concurrently)
(i) selling or manufacturing·importing·using·storing·
transporting·preserving·displaying with purpose to sell
functional health foods that do not comply with standards
and specifications announced by minister of Korea Food
and Drug Administration
(ii) manufacturing, importing, selling, displaying functional
health foods which containing materials used only for
medicines or combination·mixing proportion·contents
are same or similar with medicines
Act on Functional
Health Foods Article
44 subparagraph 7
(limited to cases
violating Article 24)
imprisonment not
exceeding 5 years or
fine or fine not
exceeding 50 million
won
(may be imposed
concurrently)
(i) slaughtering, processing, milk collecting, processing, etc.
of livestock or livestock products which was imported
with purpose to sell in manner that do not comply with
the processing standard or contents specification
announced by Minister of Agriculture·Fisheries
Livestock
ProductsSanitary
Control Act, Article 45,
paragraph 2
subparagraph 1
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 50 million
won
(may be imposed
concurrently)
(i) selling or storing·displaying with purpose to sell
counterfeited medicines
(ii) relevant provisions shall be applied mutatis mutandis to
'non-medicine therapeutic products'
Pharmaceutical Affairs
Act, Article 93, paragraph 1
subparagraph 10
(limited to cases
concerning
“counterfeited
medicines” among
Article 61, paragraph 1
subparagraph 1,
including cases those
provision is applied
mutatis mutandis by
Article 66)
imprisonment not
exceeding 5 years or
fine or fine not
exceeding 20 million
won
(may be imposed
concurrently)
selling or manufacturing·importing·storing or displaying
with purpose to sell of the following medicines
(i) medicines which are listed in the Korean Pharmacopoeia
but whose nature, efficacy or quality does not meet the
standard specified in the Korean Pharmacopoeia
(ii) medicines that are permitted or reportedbut whose
ingredients or quantities (if effective ingredients are not
clear, the essence thereof or outline of the
manufacturing method) are different from the contents
permitted or reported
(iii) medicines that do not comply with standards
announced by Korea Food and Drug Administration
concerning manufacturing
method·characteristics·efficacy·quality, etc.
(iv) relevant provisions shall be applied mutatis mutandis to
'non-medicine therapeutic products'
Pharmaceutical Affairs
Act, Article 94,
paragraph 1
subparagraph 9
(limited to cases
violating Article 62
subparagraph 1 to 3,
including cases those
provisions are applied
mutatis mutandis by
Article 66)
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 10 million
won
(may be imposed
concurrently)
(i) selling or manufacturing·importing·storing·displaying
with purpose to sell cosmetics that do not comply with
standards and specifications announced by minister of
Korea Food and Drug Administration
Cosmetics Act, Article
28, paragraph 1
subparagraph 3
(limited to cases
violating Article 13
subparagraph 2)
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 10 million
won
(may be imposed
concurrently)
(i) selling or manufacturing·importing·processing·
using·cooking·storing·subdividing·transporting·
preserving or displaying with purpose to sell foods or
food additives that do not comply with standards and
specifications announced by Korea Food and Drug
Administration
(ii) selling or manufacturing·importing·using·storing·
transporting·preserving·displaying with purpose to sell
functional health foods that do not comply with
standards and specifications
(iii) counterfeiting·altering foods, food additives, functional
health foods similar to those already permitted or
reported or selling·acquiring·assisting trade of those
products while knowing that the products have been
counterfeited·altered
Act on Special
Measures for the
Control of Public
Health Crimes Article
2, paragraph 1
subparagraph 2
(limited to cases
violating Food
Sanitation Act, Article
7, paragraph 4, Act on
Functional Health
Foods Article 24,
paragraph 1 and
counterfeiting·altering
foods, etc.)
imprisonment for life or
imprisonment for 3 or
more years, fine of 2
times the retail price or
more and not
exceeding 5 times the
retail price imposed
concurrently
(i) manufacturing medicines which the principal ingredient is
replaced to completely different ingredient or which do
not contain full amount of ingredient as permitted,
selling·acquiring with purpose to sell·assisting sale or
buying with purpose to use for medical practice of those
products while knowing such facts
(ii) counterfeiting·altering medicines, cosmetics similar to
those already permitted or selling·acquiring with
purpose to sell·assisting sale or buying with purpose to
use for medical practice of those products while
knowing that the products have been
counterfeited·altered
Act on Special
Measures for the
Control of Public
Health Crimes Article
3, paragraph 1
subparagraph 2
(limited to cases
violating
Pharmaceutical Affairs
Act, Article62
subparagraph 2 and
cases of
counterfeiting·altering
medicines, etc.)
imprisonment for life or
imprisonment for 3 or
more years, fine of 2
times the retail price or
more and not
exceeding 5 times the
retail price imposed
concurrently
  • B. TYPE 2 MANUFACTURING, OR SIMILAR ACTS OF HARMFUL FOOD PRODUCTS, OR OTHER SIMILAR PRODUCTS
식품 보건범죄 양형기준
Elements of Offense Applicable Law Sentencing Range
by law
(i) manufacturing·processing·cooking foods or food
additives with purpose to sell using following materials or
components
ma huang 2. oriental aconite 3. aconite 4. aconitum
seoulense 5. aconiti koreani rhizoma 6. toad venom 7.
dictamni radias cortex 8. henbane leaf
Food Sanitation Act,
Article 93, paragraph 2
imprisonment for 1
year or more, fine of 2
times the retail price or
more and not
exceeding 5 times the
retail price imposed
concurrently
(i) selling or collecting·manufacturing·importing·
processing·using·cooking·storing·subdividing·
transporting·displaying of harmful foods, etc., meat of
diseased animals, etc., chemical compounds standard·
specification has not been officially announced
(ii) selling or manufacturing·importing·storing·
transporting·displaying with purpose to sell apparatus
and container·package which contains or is tainted with
toxic·noxious substance that may cause bodily harm
(iii) relevant provisions shall be applied mutatis mutandis to
mass feeding facility
Food Sanitation Act,
Article 94
subparagraph 1, 2
(including cases to
which those provisions
are applied mutatis
mutandis by Article 88)
imprisonment not
exceeding 7 years or
fine or fine not
exceeding 100 million
won
(may be imposed
concurrently)
(i) selling or manufacturing·importing·using·storing·
transporting·displaying with purpose to sell the harmful
functional health foods
Act on Functional
Health Foods Article
43 (limited to cases
violating Article 23)
imprisonment not
exceeding 7 years or
fine or fine not
exceeding 100 million
won
(may be imposed
concurrently)
(i) slaughtering·processing of non-ambulatory livestock
and using or selling the meat as food
(ii) selling or handling·processing·packaging·using·
importing·storing·transporting·displaying with
purpose to sell livestock products which are decayed or
containing noxious substance or tainted by pathogenic
bacterium, etc.
Livestock Products
Sanitary Control Act,
Article 45, paragraph 1
subparagraph 2, 7
imprisonment not
exceeding 7 years or
fine or fine not
exceeding 100 million
won
(may be imposed
concurrently)
(i) selling or manufacturing·importing·storing·displaying
with purpose to sell medicines which is composed of
unclean or decayed substance, tainted by pathogenic
bacterium, mixed with alien substance, containing tar
coloring that is not prescribed by commissioner of Korean
Food and Drug Administration, likely to cause harm to
national public health
(ii) relevant provisions shall be applied mutatis mutandis to
'non-medicine therapeutic products'
Pharmaceutical Affairs
Act, Article 94,
paragraph 1
subparagraph 9
(limited to cases
violating Article 62
subparagraph 4 to 7, 11
including cases those
provision is applied
mutatis mutandis by
Article 66)
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 10 million
won
(may be imposed
concurrently)
(i) selling or manufacturing·importing·storing·displaying
with purpose to sell cosmetics made from spoiled,
decayed substance, tainted with pathogenic bacterium,
mixed with alien substance, containing material banned
from use in cosmetics as prescribed by the
commissioner of the korean food and drug
administration, containing material in excess of the
maximum allowable mixing level, containing tar coloring
other than that prescribed by the commissioner of the
korean food and drug administration is used
Cosmetics Act, Article
28, paragraph 1
subparagraph 3
(limited to cases
violating Article 13
subparagraph 3 to 7)
imprisonment not
exceeding 3 years or
fine or fine not
exceeding 10 million
won
(may be imposed
concurrently)
(i) using chemical compound additives that the standard·
specification has not been publicly announced and
substance containing that chemical compound as food
additives
(ii) selling or manufacturing·importing·processing·
using·cooking·storing·subdividing·transporting·
displaying with purpose to sell of foods containing
aforementioned food additives
Act on Special
Measures for the
Control of Public
Health Crimes Article
2, paragraph 1
subparagraph 2
(limited to cases
violating Livestock
Products Sanitary
Control Act, Article 6)
imprisonment for life or
imprisonment for 3 or
more years, fine of 2
times the retail price or
more and not
exceeding 5 times the
retail price imposed
concurrently
  • C. TYPE 3 MANUFACTURING, OR SIMILAR ACTS OF DISEASED ANIMAL AS INGREDIENT FOR FOOD PRODUCTS
식품 보건범죄 양형기준
Elements of Offense Applicable Law Sentencing Range
by law
i) manufacturing·processing·cooking with purpose to sell
foods or food additives using animals infected with
bovine spongiform encephalopathy (mad cow disease),
anthrax, avian influenza
Food Sanitation Act,
Article 93, paragraph 1
imprisonment for 3 or
more years, fine of 2
times the retail price or
more and not
exceeding 5 times the
retail price imposed
concurrently
  • D. TYPE 4 SELLING, OR SIMILAR ACTS OF SEVERELY HARMFUL FOOD PRODUCTS, AND OTHER SIMILAR PRODUCTS
식품 보건범죄 양형기준
Elements of Offense Applicable Law Sentencing Range
by law
(i) cases where foods, food additives or functional health
foods are significantly harmful to human body
(ii) cases where medicines or cosmetics are significantly
harmful to human body
Act on Special
Measures for the
Control of Public Health
Crimes Article 2, paragraph 1
subparagraph 1, 3
(limited to cases with
injury as a result),
Article 3, paragraph 1
subparagraph 1, 3
(limited to cases with
injury as a result)
imprisonment for life
or imprisonment for 5
or more years, fine of
2 times the retail price
or more and not
exceeding 5 times the
retail price imposed
concurrently
  • E. TYPE 5 CASES RESULTING IN DEATH
식품 보건범죄 양형기준
Elements of Offense Applicable Law Sentencing Range
by law
(i) Cases with death as result of crimes that fall under
Type 2, 3
identical to that of Type 2, 3
(ii) Cases with death as result of crimes that fall under
Type 4
Act on Special Measures
for the Control of Public
Health Crimes Article 2,
paragraph 1
subparagraph 3 (limited
to cases with death as a
result), Article 3,
paragraph 1
subparagraph 3 (limited
to cases with death as a
result)
death·imprisonment
for life or
imprisonment for 5 or
more years, fine of 2
times the retail price or
more and not
exceeding 5 times the
retail price imposed
concurrently
  1. 3. ILLEGAL MEDICAL PRACTICES
    • A.TYPE 1 UNLICENSED MEDICAL PRACTICE ONLY WITHOUT ANY OTHER CONDUCTS
식품 보건범죄 양형기준
Elements of Offense Applicable Law Sentencing Range
by law
(i) Unlicensed medical practice Medical Service Act,
Article 87, paragraph 1
subparagraph 2 (limited
to cases violating 27,
paragraph 1)
imprisonment not
exceeding 5 years or
fine or fine not
exceeding 20 million
won
  • B. TYPE 2 UNLICENSED MEDICAL PRACTICE AS A BUSINESS
식품 보건범죄 양형기준
Elements of Offense Applicable Law Sentencing Range
by law
(i) cases where medical practice is performed by a person
who is not a doctor, dental practice by a person who is
not a dentist, oriental medical practice by a person who
is not a oriental doctor in a form of business with
purpose to gain commercial profit
Act on Special Measures
for the Control of Public
Health Crimes Article 5
imprisonment for life
or imprisonment for 2
or more years, fine of
million won or more
and not exceeding 10
million won imposed
concurrently
  • C.TYPE 3 CASES RESULTING IN DEATH
식품 보건범죄 양형기준
Elements of Offense Applicable Law조 Sentencing Range
by law
(i) Cases with death as result of crimes that fall under
Type 1, 2
identical to that of Type 1, 2
  1. 1. FALSE LABELING
    • A. OFFENSE COMMITTED FROM EMPLOYMENT RELATIONSHIP OR JOB RELATED INSTRUCTIONS
    • This means cases where the nature of participation in the commission of the offense was passive as an employee or a subordinate and for the purpose of benefiting the company or the employer.
    • B. EXTENT OF VIOLATION NOT SEVERE SUCH AS SELLING COUNTERFEITS ALONG WITH GENUINE PRODUCTS
    • This means cases where the extent of disapproving the conduct is relatively minor; this involves selling imported rice as locally grown by combining the imported produce with the genuine local produce, that is distinguished from cases claiming locally grown rice of imported produce; this also applies to cases selling imported and local hot pepper powder labeled as ‘30% imported and 70% locally grown’ hot pepper powder while in fact the ratio is ‘50% imported and 50% locally grown’ hot pepper powder.
    • C. FOOD PRODUCTS AND SIMILAR PRODUCTS WERE NOT PLACED WITHIN THE CHAIN OF DISTRIBUTION
    • This means the food product or similar products are still under the offender’s control and have not been delivered to a third party to transfer possession or convey ownership.
    • D. RESULTED IN SEVERE DAMAGE TO PUBLIC CONFIDENCE
    • This means cases where one or more following factors apply:
      • The product in question is a socially familiar merchandise;
      • The product is sold in places such as department stores or authorized retail shops where the public hold in high confidence;
      • False labeling by a well-known conglomerate offender; or
      • Other cases with comparable factors.
    • E. SIGNIFICANT DIFFERENCE BETWEEN THE GENUINE PRODUCT’S RETAIL MARKET PRICE AND THE SUGGESTED RETAIL PRICE FOR THE PRODUCT IN QUESTION
    • This means the difference between the genuine product’s market price and the retail price for the product after removing the false labeling is significant.
    • F. INVOLVES ORGANIZATIONAL, PREMEDITATED OR PROFESSIONAL SCHEMES
    • This means cases where one or more following factors apply:
      • eans and methods for the commission of the offense was meticulous done in-advance;
      • ultiple persons involved in a organized manner for the purpose of committing the offense;
      • ffense committed through the use of automated facilities involving packaging, printing labels, or wrappers; or
      • ther cases with comparable factors.
    • G. CASES OF WHISTLE-BLOWING OF CORRUPTION
    • This means the investigation was initiated with a voluntary report by a former participant of a structural corruption with the intent to end the offense.
    • H. CRIMINAL HISTORY OF THE SAME TYPE OF OFFENSE
    • This means the offender has prior incidents of sentencing for offenses related to food or health (this is not limited to false labeling but including offenses involving harmful food products, pharmaceutical drugs, cosmetics , and other illegal medical practice) as established under this sentencing guideline.
    • I. MOTIVE FOR COMMITTING OFFENSE CAN BE TAKEN INTO CONSIDERATION
    • This means one or more of the following factors apply:
    • This means one or more of the following factors apply:
      • Offender periodically sold false labeled the place of origin products when in shortage of particular goods from certain places, and did not engage in the act of elling the products under false labels on a regular basis.
      • Engaged in the act of false labeling to meet the unit price of the buyer company’s excessively low price.
      • Other cases with comparable factors.
    • J.OFFENDER ACTIVELY PROMOTED SALES THROUGH THE MEDIA (SUCH AS TELEVISION)
    • In this case, the media means television, radios, newspapers, magazines, internet websites, and other similar mechanisms.
    • K. COMMISSION OF THE OFFENSE PROLONGED FOR EXTENDED DURATION
    • This means the duration of the commission of the offense extended for more than two years, starting from the date commencing the sale to the date when the violation was enforced.
  2. 2. HARMFUL FOOD PRODUCTS, PHARMACEUTICAL DRUGS, OR COSMETICS
    • A. ILLEGAL METHODS SUCH AS FALSE DOCUMENTS OR FORGERY USED
    • This means the offender used additional illegal methods for the purpose of concealing the commission of the crime by falsifying documents submitted or recorded and maintained at the government agencies as mandated by law.
    • B. CASES INVOLVING BABY FOOD OR FOODS CONSUMED BY CHILDREN
    • This means the product at issue is food, medication, or cosmetic product related to babies’ or children’s health or development including powdered formula, baby food, children’s vitamin, children’s moisturizer, and other similar products.
    • C. MOTIVE FOR COMMITTING OFFENSE CAN BE TAKEN INTO CONSIDERATION
    • This means cases where the purpose of engaging in the commission of the crime was not to inflict harm to other people but to gain profits (For example, the case of manufacturing pharmaceutical drugs and medical supplies for the purpose of clinical tests)
    • D. COMMISSION OF THE OFFENSE PROLONGED FOR EXTENDED DURATION
    • This means the duration of the commission of the offense extended for more than one year, starting from the date commencing the sale to the date when the violation was enforced.
  3. 3. ILLEGAL MEDICAL PRACTICES
    • A. COMMISSION OF OFFENSE CAUSED BY PATIENT’S ACTIVE DEMAND IN CASES OF EXTREME DIFFICULTIES IN PROVIDING MEDICAL TREATMENT OR NO KNOWN CURE IN MODERN MEDICINE
    • “Extreme difficulties in providing medical treatment or no known cure in modern medicine” means under objective judgment, the chances for recovery is very low with the known cures in modern medicine; this includes terminal cancer, patients in vegetative state due to brain damage, brain death, and other similar incidents.
    • “Patient’s active demand” means the patient directly or through the legal guardian, explicitly demanded the treatment to the offender while being aware of the offender’s unqualified position to practice as a physician, dentist, or a doctor practicing oriental medicine.
    • B. TREATMENT KNOWN TO BE LOW RISK OR EFFECTIVE UPON OBJECTIVE JUDGMENT
    • This means cases involving medical treatment such as health examination, venereal inspection, DNA testing, or other similar treatment would not constitute as a direct invasion to the patient’s body; cases such as moxibustion or acupuncture where the extent of invasion would be low; or other cases where the extent of remedial effect is significant.
    • C. GIVEN PRIOR CONSENT BY THE PATIENT
    • This means the patient directly or through the legal guardian did not make active demands, but give permission to treat in advance while being aware of the offender’s unqualified position to practice as a physician, dentist, or a doctor practicing oriental medicine.
    • D. COMMISSION OF THE OFFENSE PROLONGED FOR EXTENDED DURATION
    • This means the duration of the commission of the offense extended for more than one year, starting from the date commencing the sale to the date when the violation was enforced.
    • E. OFFENDER EXPRESSES REMORSE AND THE PATIENT OPPOSES PUNISHMENT
    • This means cases where the offender expresses signs of remorse and the patient or the family member of the patient acknowledges this and objects punishing the offender.
    • This includes cases where deposits are made in a considerable amount of money comparable to reaching of an agreement as a result of the offender’s genuine efforts to reverse harm.
  1. 1. DETERMINING APPROPRIATE SENTENCING RANGE
    • In determining the appropriate sentencing range, the judge must only consider the special sentencing determinants.
    • However, in cases involving more than two special sentencing determinant, the applicable sentencing range is adjusted after assessing the factors as set forth below:
      1. ① The same number of conduct factor shall be considered with greater significance than the actor/etc. factor.
      2. ② Each factor within the relevant categories of conduct or actor/etc. factors should be treated as equal.
      3. ③ If the applicable sentencing range is unable to be determined by the aforementioned principles ①, ②, the judge is to decide the applicable sentencing range through a comprehensive comparison and assessment based on the principles set forth in ①, ②.
    • It is recommended that when the assessment reveals greater aggravating factors to select the aggravated zone, the mitigating factors is greater to select the mitigating zone, and the same number of aggravating factors and mitigating factors to select the standard zone as a sentencing range.
  2. 2. DETERMINING THE APPLICABLE SENTENCE
    • The judge should select the proper point within the sentencing range as assessed in accordance with the above principles, along with the special sentencing determinant and general sentencing determinant taken together.
  1. 1. SPECIAL ADJUSTMENTS TO THE SENTENCING RANGE
      1. ① In cases where the aggravating factor is selected and the assessment of the special sentencing determinant reveals only two or more special aggravating factors or the special sentencing determinant outnumbers the special mitigating determinant by two or more, then the sentencing range should be increased up to 1/2 from the maximum level.
      2. ② For cases where the mitigating factor is selected as a result of assessment of the special sentencing determinant, and there are two or more special mitigating determinant or the special mitigating determinant outnumbers the special aggravating determinant by two or more, the sentencing range should be decreased up to 1/2 from the minimum level.
  2. 2. RELATION BETWEEN THE RECOMMENDED SENTENCING RANGE GUIDELINES AND APPLICABLE SENTENCING RANGE BY LAW
    • When the sentencing range under this guideline conflicts with the range drawn in accordance with the aggravation and mitigation of applicable law, the sentencing range prescribed by applicable law governs.
  3. 3. APPLICATION OF STATUTORY MITIGATING FACTORS AS DISCRETIONARY
    • When the judge declines to apply the optional mitigation factor under the applicable law as listed in the sentencing table of this guideline, this shall be considered as the discretion for mitigation.
  1. 1. APPLICABLE SCOPE
    • This part on multi-count convictions applies to concurrent crimes prescribed in the first part of Article 37 of the Criminal Act as set forth in this sentencing guideline. However, in cases of this article’s concurrent crimes where offenses that fall within and outside of the sentencing guidelines are involved, the minimum level should be the minimum of the sentencing range of the offense that is set forth in this sentencing guideline.
  2. 2. DETERMINING BASE OFFENSE
    • The “base offense” means the most severe offense that results after the selection of penalty and statutory aggravation and mitigation as prescribed in Criminal Act, Article 50. However, in cases where the maximum sentencing range is lower than that of the maximum sentencing range of the other counts as provided in this guideline, then such other count becomes the base offense.
  3. 3. CALCULATING SENTENCING RANGE OF MULTI-COUNT CONVICTION
    OF THE SAME OFFENSE
    • For purposes of calculating sentencing range for multi-count conviction cases with the same offense of False Labeling, the judge shall apply the following principles:
      1. ① In setting sentencing range take into account the total amount of sales price of the falsely labeled product, and select the appropriate sentencing range by considering all relevant factors.
      2. ② However, as a result of total summation, if the applicable offense type is one level higher than the most severe single offense among the multi-count, then reduction of 1/3 is made to the minimum sentencing range. If the applicable offense type is two or more levels higher than the most severe single offense among the multi-count, then reduction of 1/2 is made to the minimum sentencing range by applying the minimum sentencing range of the most severe single offense among the multi-count.
    • For multi-count convictions of offenses falling within categories other than False Labeling, apply the Multi-count Conviction of Different Offenses for calculating sentencing range.
  4. 4. CALCULATING SENTENCING RANGE OF MULTI-COUNT CONVICTION
    OF DIFFERENT OFFENSES
    • For purposes of calculating sentencing range for multi-count conviction cases with the different offense or multi-count convictions of offenses falling within categories other than False Labeling, the judge shall apply the following principles unless the offenses are deemed as a single offense under the sentencing guideline:
      1. ① In setting sentencing range for an offender convicted of two counts, the sentencing range should be the total sum of the maximum sentencing range of the base offense and the 1/2 of the maximum sentencing range of the second count.
      2. ② In setting sentencing range for an offender convicted of three or more counts, the sentencing range should be the total sum of the following: (1) maximum sentencing range of the base offense, (2) 1/2 of the maximum sentencing range of the count with the highest sentencing range, and (3) 1/3 of the maximum sentencing range of the remaining count with the second highest sentencing range.
      3. ③ For cases where the minimum sentencing range of the other count is higher than that of the base offense, the minimum sentencing range resulting from the multi-count offense should be the minimum sentencing range of the other count.
    • However, when the multi-count conviction includes both offenses of false labeling and different type of offenses, first set the sentencing range for multi-count conviction of the same offenses of False Labeling; then use the resulted point range to calculate the sentencing range for multi-count conviction with different offenses.

???? ???????