식품의 기능성 표시와 표현의 자유

Abstract

This article concerns food labeling. The focal point of food has shifted from its taste to its effect on health during the last decade. Food industries have produced a wide variety of “health-functional food” such as diet supplements. However, the current food labeling regulation requires food labels that bear nutrient content claims and certain health messages to comply specific requirements, and strictly prohibits food industries from attaching most of health claims to food labels. Therefore, food industries strongly demand deregulation of food labeling regulation. This article explores whether the current food labeling regulation, focusing especially on “Appended Chart No. 3” provided by Article 6 ② of “Enforcement Regulation of the Food Sanitation Act,” is legally effective and constitutional. This article proceeds as follows. Chapter I spots issues dealt with by this article. Chapter II briefs concepts of various kinds of food and their regulatory system. Chapter 3 deals with “Appended Chart No. 3” that allegedly regulates labeling of general food. It briefs its requirements and legal effect. Based on the text and legal history of “Appended Chart No. 3,” Chapter III explores whether “Appended Chart No. 3” violates its enabling Act, “Food Sanitation Act,” and its neighboring Act, “Act on Health-Functional Food.” By surveying relevant decisions given by Supreme Court and Constitutional Court, Chapter IV explores whether “Appended Chart No. 3” violates the Constitution. Chapter IV concludes that “Appended Chart No. 3” more likely violates freedom of speech by providing over-broad and vague requirement, and suggests some policy recommendations. In short, Chapter IV recommends “Appended Chart No. 3” to be more specified in terms of content of requirements. Chapter V verifies validity of the recommendations by comparing attributes of other developed countries’ regulatory system with them.