「식품 등의 표시⋅광고에 관한 법률」의 문제점과 개선방향

Abstract

Since securing food safety and protecting the right to know, which the food labeling system aims for, have conflicting aspects with the protection and development of the food industry, appropriate compromise or harmonization is unavoidable in realistically enacting the food labeling system. If this is not done, many problems arise, such as overlapping food labeling-related legislation within a single legal order, and sometimes conflicting legal regulations coexist. In order to solve the problems of such food labeling legislation, the Food Labeling and Advertising Act was enacted in 2018 and has been in effect since 2019. However, it is questionable whether the Food Labeling and Advertising Act properly functions as an integrated or basic law on food labeling. Because the legal status or nature of the Food Labeling and Advertising Act is unclear, the subject of application, scope, and subject of regulation are unclear, and the content and scope of the labeling obligation for the same food cannot be overlooked. In order for the Food Labeling and Advertising Act to establish itself as a real integrated law on food labeling and function effectively, the start is to reorganize the labeling-related regulations of food that are still scattered individually into the Food Labeling Advertising Act. In this regard, this article intends to point out the limitations of the food labeling-related legislation, focusing on the Food Labeling and Advertising Act, and to seek its improvement. The process and main contents of the Food Labeling Advertising Act are first outlined (II.), the problems of the current Food Labeling Advertising Act are reviewed and analyzed by system and content (III.), Based on this, several legislative suggestions are presented in place of the conclusion (IV).