건강기능식품법의 현황과 과제

Abstract

With the improvement of the economical standard of living, public healthcare and medical environment, the average life span, the increase of the modern diseases, the advent of an aging society etc., the interest and the demand and supply of Health Food have been increased constantly. Because the health functional food which contains the special components and ingredients can bring about various side effects, it is needed to manage and ensure the safety and functions of it by the special legal system distinguished from the traditional Food Sanitation Act. In our country, Health Functional Food Act was enacted in July, 2002. The purpose of this Act is to contribute to the improvement of national health and the consumer protection by ensuring safety, improving quality, and seeking sound distribution and sales of health functional food. In this thesis, after a general perspective of the legislating background and main contents of Health Functional Food Act, I tried to analysis the actual condition of the application of the Act and suggest the improvements and solutions of some legal problems. By and large, Health Functional Food Act has been enacted successfully and stably through the establishment of the scientific foundations and the systematic rules of health functional food and the consistent policy of administration. However, there have been also some problems. For example, the following problems from the abrogation of the regulation of functional food shape, the problem of the indication of functions of health food, the problem of effectiveness of Quality-Manager system etc. I suggested the improvements and solutions to those legal problems.