Charged with Violating the Food Sanitation Act
Ant Products Found to Contain Heavy Metals Above Permissible Levels

The owner of a Michelin two-star restaurant, who was put on trial for selling dishes garnished with ants not approved for consumption, has been fined in the first trial.


Seoul Western District Court. The Asia Business Daily DB

Seoul Western District Court. The Asia Business Daily DB

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On September 16, Judge Lee Sechang of the 8th Criminal Division of the Seoul Western District Court sentenced restaurant owner Kim to a fine of 15 million won for violating the Food Sanitation Act. The restaurant’s operating corporation, which was also prosecuted, was fined 10 million won.


Kim and the corporation were brought to trial on charges of importing ants that are not approved for consumption in Korea from the United States and Thailand and selling desserts topped with them from April 2021 to January last year. Under the Food Sanitation Act, ants are not included among the ten insect species allowed for human consumption, so they cannot be used as food ingredients.


Judge Lee stated, “Considering the legislative intent of the Food Sanitation Act, which is to prevent harm from food and to protect and promote public health, the defendant’s culpability is by no means light.” The length of the offense, the number of sales, the use of ant-based dishes for restaurant promotion, and the fact that the ant products exceeded the standard for heavy metals were all considered aggravating factors.


However, the court also took into account as mitigating circumstances that Kim used the ingredient incidentally, not knowing that it could not be used as a food ingredient domestically, and that he has not used ants as ingredients since receiving a corrective order.



During the sentencing hearing, prosecutors had sought a one-year prison sentence for Kim.


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