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| TITLE | Supreme Court Decision 2008Da67828 Decided November 25, 2010[Damages] [full Text] |
|---|---|
| Summary | |
| [1] Whether Articles 7, 9, 10, and 16 of the former Food Sanitation Act grant, to the Administrator of the Food and Drug Administration, etc., authority to exercise reasonable discretion in taking measures to prevent risk from food to citizens' life and body (affirmative), and in a case where the Administrator of the Food and Drug Administration, etc. fails to exercise such authority, whether such a failure constitutes a violation of duties on the job, which is deemed as unlawful (affirmative with qualification) [2] In a case where, notwithstanding the fact that two accidents happened consecutively in which children consumed mini cup jellies and died from suffocation as the mini cup jellies got stuck in their throats and that about 8 months 20 days later yet another child also died from suffocation while eating a mini cup jelly, the Administrator of the Korea Food and Drug Administration, etc. failed to ban mini cup jelly circulation or verify mini cup jelly's risk through experiments of physical nature, etc., and the Administrator did not prepare more reinforced regulation regarding the mini cup jelly's criteria and standards than the preexisting one, it is hard to hold that such a failure to exercise the regulatory authority lacked rationality which would considerably amount the level of becoming unacceptable from the general perspective of the society | |
