Main Issues

In a case where a business owner permits a customer to take a so-called "sket" and pay the sket expenses in a singing practice room, whether it constitutes a case where a person has an entertainment worker as prescribed by the former Enforcement Decree of the Food Sanitation Act (affirmative)

[Reference Provisions]

Articles 21(2) and 77 subparag. 3 of the Food Sanitation Act, Article 7 subparag. 8(d) of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 18978 of Jul. 27, 2005)

Escopics

Defendant

upper and high-ranking persons

Defendant

Judgment of the lower court

Jeonju District Court Decision 2005No788 Decided November 11, 2005

Text

The appeal is dismissed.

Reasons

Article 7 subparagraph 8 (d) of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 18978 of July 27, 2005) provides that "business of cooking and selling alcoholic beverages by drinking" refers to a business of cooking and selling alcoholic beverages, who is allowed to employ entertainment workers or install entertainment facilities, and customers are allowed to sing or dance." Here, "persons engaged in entertainment" includes cases where a woman pays an hourly remuneration to a woman as a part-time employee, and has a woman drink with drinking, singing, or dance to encourage customers' entertainment by drinking, singing, or dancing. Meanwhile, in cases where a so-called "telet" waiting for a specific multi-face is provided with an hourly remuneration for a singing room and has a customer dance together with the customer, and in cases where an employee directly pays an "telet" to a customer, even if he/she directly pays an entertainment ticket, it constitutes a case where the legislative person is aware of such circumstances in light of the legislative purport of the above statute.