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(영문) 청주지방법원 2013.09.26 2013고정430

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

It is a business owner who operates general restaurants in the name of ‘D' on the second floor of the building in the Heak-gu Seoul Metropolitan City.

A person who intends to run an entertainment bar business shall obtain permission from the competent authority, but from July 2012 to February 23:00, 2013, the Defendant installed a special lighting facility, such as a space where customers can dance, DJ strawing and wheeling color, space strawing, etc., in the restaurant operated by the Defendant, and operated an entertainment bar business without permission.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the witness F in the court;

1. Investigation report (investigation into circumstances leading to crackdown on the main establishment);

1. Application of statutes to librarians;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 94 subparagraph 3 and 37 (1) of the Food Sanitation Act which choose a penalty;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The facility form and operating method of the asserted business establishment are within the scope of the general restaurant business form, and it does not require a separate permission for entertainment taverns.

2. Determination

(a) A person who intends to conduct the following businesses shall have facilities meeting the facility standards prescribed by Ordinance of the Ministry of Health and Welfare:

(2) The detailed types and scope of business under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.

(1) Any person who intends to engage in business prescribed by Presidential Decree among the businesses falling under each subparagraph of Article 36 (1) shall obtain permission from the Commissioner of the Korea Food and Drug Administration, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu for each type of business or place of business,

The same shall also apply to any revision to important matters prescribed by Presidential Decree among the permitted matters.