Comments on Recent Case Law Regarding Counterfeiting and Adulteration of Foodstuffs
On the basis of Food Safety and Hygiene Management Law, the interpretation of food adulteration and counterfeiting behaviours have been debated for a long time in practice. To deal with the issue, the Supreme Court made a decision in 2016. However, whether this decision has been fully followed should be further examined. This paper attempts to observe the content of the judgments related to the legal and factual examinations after the above-mentioned decision, and analyze the subtle changes and trends of courts’ opinions after the unified legal opinions. It is further argued that the Supreme Court’s decision not only failed to solve the problem of the issues in relation to food adulteration and counterfeiting by the lower courts, but also violated many of the basic principles of criminal law.