Understanding the Legal Ramifications of Puffer Fish Poisoning in the Food Industry: Chosun Ilbo DB Case Study

2023-12-07 07:38:10
/Chosun Ilbo DB

A 50-year-old business owner who was sentenced to 10 months in prison and 2 years of probation in the first trial on charges of causing the death of a customer while cooking and selling puffer fish without being certified as a puffer fish technician, had his sentence commuted in the appeals court.

According to the legal community on the 7th, the 2nd Criminal Division of the Gwangju District Court (Presiding Judge Kim Young-ah) overturned the original trial and sentenced A (57), a woman indicted on charges of causing death due to occupational negligence and violating the Food Sanitation Act, to 8 months in prison and 2 years of probation. .

Mr. A was brought to trial on charges of cooking 5 puffer fish without a license and serving them to 2 customers in their 50s at a restaurant in Haenam, Jeollanam-do at around 12:00 PM on June 18, 2020, killing one person and injuring another. .

Pufferfish have the neurotoxin ‘Tetrodotoxin’ in their bodies. The toxicity of this substance is 10 times stronger than cyanide, and one fish contains enough to kill 13 adults. Accordingly, only chefs with relevant qualifications can handle puffer fish.

Mr. A cooked the puffer fish without completely removing the poison and served it to the guests, and Mr. B, who ate it, was taken to the hospital and died in the emergency room. Another customer, Mr. C, who was suffering from paralysis, received treatment for 5 days.

Mr. A’s restaurant did not have a chef with a puffer cooking license, and it was found that he cooked puffer fish that had been purchased in advance.

The appellate court said, “The defendant’s professional negligence resulted in the victims being poisoned by puffer fish poison, resulting in the death of one person. The responsibility is heavy,” adding, “However, the victim did not want to be punished and reached an agreement with the bereaved family of the deceased victim in the appeal trial. “Considering that they do not want to be punished, the original trial’s sentence is rather heavy and unfair,” he said.

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