식품위생법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding or the attorney of the defendant's defense counsel) (the grounds for appeal on February 17, 2015, which was after the expiration of the lawful period for filing the grounds of appeal, are also the grounds for appeal. However, this part of the grounds for appeal cannot be a legitimate ground for appeal, and thus, this part of the grounds for appeal is not determined.) The Food Sanitation Act, the Enforcement Decree of the same Act, and the Supreme Court precedents of the Supreme Court have to employ entertainment workers or to install and operate dancing halls so that entertainment workers or customers can enjoy dancing. The defendant's business place operated does not employ entertainment workers or install entertainment facilities.
At a service level, only the lighting was made in order to temporarily improve the atmosphere of music and make it better.
Nevertheless, the lower court’s determination that found the Defendant guilty of the facts charged in this case on the premise that the Defendant’s business place operated an entertainment bar business was constituted was erroneous or erred by misapprehending the legal doctrine on entertainment bar business, thereby adversely affecting the conclusion
2. Determination
(a) Any of the following persons shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won, or both:
3. A person who violates Article 37 (1) and intends to conduct business prescribed by Presidential Decree among the businesses falling under subparagraphs of Article 36 (1) shall obtain permission from the Minister of Food and Drug Safety or the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu for each type of business or each place of business, as prescribed by Presidential Decree
The same shall also apply to any revision to important matters prescribed by Presidential Decree among the permitted matters.
Article 36 (Standards for Facilities) (1) Any person who intends to conduct the following business shall have facilities meeting the standards for facilities prescribed by Ordinance of the Prime Minister:
3. The subparagraphs of paragraph (1).