One Dead and 30 Food Poisoned After Eating Naengmyeon... Business Owner Sentenced to 2 Years Probation and Community Service

Sentenced to 1 Year Imprisonment with 2 Years Probation
Violation of Duty of Care in Egg Storage and Related Tasks

A restaurant owner in his 50s was sentenced to a suspended prison term for selling food contaminated with Salmonella bacteria, which caused food poisoning, resulting in one death and injuries to more than 30 people.

Mulnaengmyeon. The photo is not directly related to the content of the article. [Source=Getty Images Bank]

On the 29th, Judge Lee Hyun-joo of the Criminal Division 7 at Changwon District Court sentenced Mr. A, who was charged with violating the Food Sanitation Act and causing injury by negligence at work for making and selling bibim naengmyeon (spicy cold noodles) using improperly managed ingredients, to one year in prison with a two-year suspension and ordered 200 hours of community service. The incident resulted in one death and 32 cases of gastroenteritis.

Previously, Mr. A, who operated a restaurant in Gimhae, Gyeongnam Province, prepared and sold egg garnish used in naengmyeon from May 15 to 18, 2022. During the process, he either did not heat the eggs sufficiently or failed to seal them properly, causing contamination with Salmonella bacteria. As a result, Mr. B, who ate the naengmyeon made with these ingredients, died. Notably, Mr. B showed symptoms of food poisoning after eating the naengmyeon and received hospital treatment but passed away three days after consuming the food. An autopsy confirmed that the cause of death was septic shock due to acute enteritis.

Mr. A’s side argued that Mr. B had underlying health conditions and was taking gastrointestinal medication regularly for a long time, indicating compromised stomach and intestinal function, and therefore claimed there was no causal relationship between Mr. A’s breach of duty of care and Mr. B’s death. However, the court dismissed this argument. The court determined that the inflammation caused by the naengmyeon provided by Mr. A invaded the entire intestinal tissue of Mr. B, leading to septic shock and death.

The court explained the sentencing rationale, stating, "More than 30 people suffered from food poisoning, including one fatality, which is a serious outcome. Although there was no settlement with the bereaved family of the deceased, considering that Mr. A did not clearly recognize that the egg garnish was contaminated with microorganisms and that he admitted most of the charges and is deeply remorseful, the sentence was decided accordingly."

Meanwhile, when preparing food using eggs, it is necessary to heat the eggs sufficiently to eliminate food poisoning bacteria and avoid long-term storage. Even for short-term storage, eggs must be thoroughly sealed to prevent cross-contamination of food poisoning bacteria to other ingredients.