[Contribution] “We are dealing with Dujokku”… Can an inadvertent used transaction become a ‘crime’?

Now is the golden age of ‘Dujokku (Dubai chewy cookies)’. This dessert, which is a reinterpretation of Dubai chocolate and has a chewy texture by wrapping kadaif and pistachio in marshmallows, is gaining explosive popularity mainly on social media, causing a sell-out crisis. There has even been a strange phenomenon in which douchonku is made and sold not in cafes or bakeries, but in general restaurants such as sushi or soup restaurants that seem to have nothing to do with desserts. Recently, it is no exaggeration to say that the whole world is caught up in the Dojoku craze, with young people holding open runs in front of blood donation centers after hearing that they would give Dojoku to those who donate blood.

In fact, if you look at second-hand trading platforms such as Carrot Market, you will see a flood of posts requesting to resell the Doojokku purchased at the store at a premium or saying, ‘I am looking for a Doojokku.’ Furthermore, many posts are found reselling ingredients needed to make dujokku, such as kadaif noodles and pistachios. It may have started with a light heart or to earn a little pocket money, but the act of selling opened food in small pieces is not only prohibited by platforms such as Carrot due to concerns about hygiene, but also carries the risk of developing into a legal problem.

Since food is a field directly related to people's health and safety, legal regulations are very strict. First, according to Article 37, Paragraph 4 of the Food Sanitation Act, anyone who wishes to manufacture, process and sell food must report or register their business with the competent government office. Anyone who violates this and operates without reporting may be subject to imprisonment for up to 3 years or a fine of up to 30 million won in accordance with Article 97 of the same Act. There are also harsher punishment provisions. Article 4, Paragraph 7 of the Food Sanitation Act strictly prohibits the act of selling ‘products manufactured, processed, or distributed by persons other than business operators.’ If you violate this, you may be subject to severe punishment of up to 10 years in prison or a fine of up to 100 million won in accordance with Article 94 of the same Act. In other words, it is, in principle, illegal to sell home-made dujoku without reporting the business or to arbitrarily divide and sell dujoku purchased at a store.

Of course, it is very rare for an individual to be immediately arrested and investigated for selling small amounts. If it is a first offense or the case is minor, administrative guidance or fines are often applied first. However, it should be noted that the surveillance network of investigative agencies has recently expanded beyond offline to online as well. The Ministry of Food and Drug Safety constantly monitors illegal advertisements online through its cyber investigation team. Carrot Market, a platform operator, is also aware of these risks and is taking crackdown measures through monitoring and prohibiting trade in food products directly processed and manufactured by individuals. In other words, even if someone does not report it, there is always the possibility of being caught in the systematic surveillance and enforcement network.

Therefore, if by chance you become the subject of an investigation by an investigative agency due to such a transaction, you should focus on proving that the act was not intentional and that business feasibility was significantly low, rather than vaguely complaining of unfairness. In order to establish a violation of the Food Sanitation Act, there must be a business activity with the intention to continue and repeat, so it must be actively asserted that the number of sales was one-time or one-off or that there was virtually no actual profit. In addition, as an ordinary person, not a professional seller, you must explain with specific transaction details and circumstantial evidence that it was an accidental act due to legal grounds. Through this, efforts should be made to ensure that charges are cleared at the investigation stage and to prevent unfair punishment that may occur.

● Contributions by external writers may differ from our editorial direction.

Gyeonggi Ilbo webmaster@kyeonggi.com

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