In general restaurant business places, customers are not allowed to sing in addition to selling food and drinking, but the defendant violated facility standards by installing special lighting such as stage equipment, sound and reflecting facilities, space viewing, etc. on July 5, 2015 in the area of 00:25 square meters of the above restaurant business place 323.40 square meters, which can be used by customers.

2. Determination

A. Article 97 subparag. 4 of the Food Sanitation Act and Article 36 subparag. 1 subparag. 3 of the Food Sanitation Act are the applicable law.

Article 97 (4) of the Food Sanitation Act is penal provisions and Article 36 of the Food Sanitation Act.

2) The food entertainment business has a rest restaurant, general restaurant, entertainment restaurant, entertainment entertainment room, entrusted meal service, and entertainment room (Article 36(2) of the Food Sanitation Act, and Article 21 subparag. 8 of the Enforcement Decree of the Food Sanitation Act). A person who intends to provide food entertainment service shall be equipped with facilities meeting the facility requirements prescribed by Ordinance of the Prime Minister (Article 36(1)3 of the Food Sanitation Act). A rest restaurant, general restaurant, and entertainment restaurant, and entertainment restaurant, which intends to provide public performances, shall not be installed in guest rooms (common facility standards for food entertainment business), a general restaurant’s place of business shall not be installed separately from guest seats, and a special entertainment facility, such as stage equipment, sound, space lighting, etc., which can be used by customers, shall not be installed in the entertainment room (Article 36(1)3 of the Food Sanitation Act); a general restaurant’s place of business shall not be installed in the entertainment room, and a general restaurant’s place of business and a general restaurant’s facility for entertainment by type of business (Article 36(4) of the Food Sanitation Act).