Motivs of research – First, GMO (LMO) labelling has been a subject of much discussion in the field of food engineering, international law, and food administration, but it is also said that there is little argument in the field of public law, particula ...
Motivs of research – First, GMO (LMO) labelling has been a subject of much discussion in the field of food engineering, international law, and food administration, but it is also said that there is little argument in the field of public law, particularly the relationship between the pre-preventive principle of presentation by environmental law, safety law or risk law, and ultimately, the premise justified by Korean legislation. Second, it can be said that there is virtually no legal comparison study with legislation on GMO (LMO) food in Japan and China, which is so closely related to our food lives. There is only a simple introduction of Japan and China's labelling laws, and no paper analyzing complex legal problems related to the country's food safety situation, information on GMO (LMO) food by citizens, etc. is not observed. Third, the paper that showed 'guaranteed co-existence' existed among the preceding research, but it has not been able to confirm by analyzing the view of co-existence of GMO (LMO) and Non-GMO (LMO) according to the Korean legislation since 2005 because it focused on the discussion of Germany. Realizing the principle of prevention in advance through such labelling is also necessary for the defense and protection of the food right recently discussed in Korea, for the cultivation of our own seeds due to the seed monopoly of global seed/ herbicide companies, and for the independent defense of food safety. In this need, this study studied the legal system and administrative organization of our country, China, Japan, and the EU, with the aim of implementing the principle of prevention in advance and ultimately co-existence. And the introduction of the liability system was highlighted in the additional protocol of Nagoya/Kuala Lumpr. In particular, it can be seen that the government intended to solve problems such as 1) causality problem, 2) administrative action method, 3) exemption, and 4) civil liability. And, especially in terms of comparison between Korea, China, Japan and the EU, 1) in the case of China, the mandatory marking system is sought. It is required to mark agricultural products, processed foods, and seeds, whether or not they have genetically modified DNA (indefinitely without non-intellectual hybridization criteria). There is no non-intentional mixed value application. 2) In the case of Japan, mandatory and self-indulgent displays are applied together. The targets are seven kinds of agricultural products (beans, corn, potatoes, rape, cotton yarn, alfalfa, sugar beet), 32 kinds of processed foods (e.g. raw materials for agricultural products), high-olaine soybeans and their processed products. However, soy sauce, starch syrup, soybean oil, corn oil, and cottonseed oil are excluded from the display application. The non-intentional mixed value shall not be more than 5%. 3) In the case of the EU, the mandatory marking system is pursued. It is not related to the existence of DNA transgenic. Subject to all GM foods. The nonintentional mixture shall be 0.9% or less. In particular, with regard to China, the "GMO complete labelling system" is in place, which requires the use of genetically modified organisms in the complete product to be marked even if they are not left with genetically modified components, if they are used as raw materials in China's GMO food labelling system. According to the revised "GMO Indication Standards for Genetically Modified Foods" that went into effect in February 2017, edible oil, canola oil, soy sauce, and liquid sugar that contain the most GMO denatured organisms are excluded from the display list. The reason is that these products do not contain any genetically modified components or do not know the results of the tests due to the refining process such as heat treatment and fermentation. In February 2019, we reached the conclusion that China's "GMO complete labelling system" had a significant implications for us at a time when the demand for full-statement of genetically modified foods was rising ahead of final approval of imported potatoes.