건강기능식품법의 문제점과 개선방안

Abstract

This paper is primarily concerned with the Korean Health Functional Foods Act with particular reference to its problematic and conflicting aspects in a way to adapt itself to reality and realize the main objectives, as well as to improve the situation in relation to other domestic laws and regulations. I have focused on the study of problems of the current Health Functional Foods Act and possible reform measures to avoid undesirable situations. I have considered complementary measures in relation to the disuse of some products, the possibility of deregulation for market access of venture businesses, the improvement of the quality control management system, the establishment of a legal basis for the prohibition of particular materials for functional foods, the correction of the review system for commercial advertisement, the introduction of a permission system for functional foods with some conditions and the abolition of unnecessary control in the access of stores dealing with functional foods. The protection of bone fides assignees in the relevant transactions affected by administrative sanctions and measures, improvement on the standards of various administrative measures on functional foods, imposition of sub-charges in response to the selling of dangerous products, and the expansion of the applied scope of revised Food Sanitation Act. I have also examined legal aspects of such issues as the liberalization of the sale of functional foods, setting time limits for the obligatory reporting of changes of business offices, and the automatic application of good manufacturing practice(GMP) requirements.