[Breaking News] Prosecution Service seeks one-year prison sentence for Urban Zakapa's Park Yong-in in 'Butter Beer' controversy

*This content was translated by AI.

The Prosecution Service sought a one-year prison sentence for Urban Zakapa member Park Yong-in in the second trial regarding allegations related to his Butter Beer advertisement.

The Seoul Eastern District Court's Criminal Division 3 (Appeal) (D) held the first trial of the appeal on the 29th regarding Park Yong-in's alleged violation of the Food Labeling and Advertising Act.

On that day, the Prosecution Service sought a one-year prison sentence for Park Yong-in.

Park Yong-in, who appeared in court wearing a gray suit, stated his position that while he acknowledges the facts, there was no possibility of breach of trust or intent.

Previously, on February 18, the Seoul Eastern District Court's Criminal Division 12 (Sole Judge) sentenced Park Yong-in to eight months in prison with a two-year probation. Additionally, the court fined the virtual company, which was responsible for Park Yong-inLee (CEO), 10 million won.

However, the Prosecution Service filed an appeal against the first-instance judgment on February 24, transferring the case to the second trial.

According to the Prosecution Service, the virtual company responsible for Park Yong-inLee (CEO) and others are accused of selling beer in convenience stores and other locations from May 2022 to January last year without using butter as an ingredient, yet advertising as if they had used it. The virtual company is known as a licensing planning company that planned and advertised BEURRE (Butter) beer, which is called Butter Beer.

It was investigated that the virtual company promoted the product as 'Butter Beer', 'BUTTER BEER', and 'Butter Base' through SNS and promotional posters.

In response, the Seoul Regional Ministry of Food and Drug Safety reported the virtual company, liquor manufacturer Buruguru, and distributor GS Retail to the police in March 2023. The Ministry of Food and Drug Safety viewed the use of 'Beurre', which means butter in French, in the product name as false and exaggerated advertising, even though no butter was added to the beer.

Regarding this, Park Yong-in explained in a long post: "We planned the beer with the goal of providing consumers with a new sensory experience. In line with this plan, we developed a product with a smooth and rich flavor in the beer, and during this process, many people said it had a smooth flavor like butter." He added, "We introduced that the beer has a smooth flavor like butter. This was an expression intended to emphasize the product's characteristics, similar to how products in alcoholic beverages, coffee, and other favorite foods are described as having flavors of flowers, fruits, chocolate, nuts, or trees even if those ingredients are not actually included."

He continued, "Fortunately, our beer was chosen by consumers in a short period and came to be called Butter Beer, which sparked some controversy over this expression. Our beer is intended solely for adult consumers, and we accurately labeled the ingredients in accordance with relevant laws. Nevertheless, in accordance with the guidance of the relevant institutional investors, we immediately changed the advertising copy 'Butter Beer' to avoid unnecessary misunderstanding and further controversy, and also added butter to all products produced thereafter." He emphasized, "However, the Prosecution Service holds a different view of our position and has requested a trial in court. In the upcoming trial process, we will diligently explain that we did not intend to mislead consumers and will make up for any shortcomings."

Park Yong-in also added, "Once again, we sincerely apologize to the many people who have supported our virtual company. In the future, we will do our best to ensure consumer satisfaction."

At the time, the first-instance court stated, "It appears that Park Yong-in was inspired by the Butter Beer from the novel 'Harry Potter' to plan the product. Universal Studios sells a beverage containing actual butter, and consumers seem to share and enjoy Butter Beer recipes out of curiosity. Considering Park Yong-in's recognition and fame, there is a possibility that consumers may mistakenly believe that butter was actually included when viewing the advertisement." The court also noted, "The representative of Buruguru, the manufacturer that produced and supplied the beer, submitted a letter of request for severe punishment to the Prosecution Service and testified that 'it is physically impossible to add butter to beer and that the expressions Butter Beer and Butter Beer cannot be used.'" In this regard, the Ministry of Food and Drug Safety had notified Buruguru of an administrative penalty to suspend beer production for one month in March 2023.

The court further stated, "Consumers perceive it as Butter Beer, and the beer in Harry Potter actually contains butter. Park Yong-in could have fully recognized that there was a problem because the product did not contain butter, indicating significant intent." The court added, "The company violated the order of fair trade and, after being indicted, released a false statement on January 3, 2024, claiming that butter was added to the product to avoid further controversy. This content was disseminated to the public through media reports. The attitude is poor."

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*This content was translated by AI.