Any person who intends to operate a general restaurant business shall report to the competent authority on his/her business type or place of business, and also report to the competent authority on the change of his/her place of business, the area of his/her place of business, etc.

Nevertheless, the Defendant, around October 4, 2010, operated a restaurant business by relocating the place of business to some 66.6 square meters among the buildings on the same lot number 1st floor of the same ground without reporting to the competent authority, even though the reported place of business is “part of the first floor of buildings on the 3rd floor of Busan-gu, Busan-gu, Busan-do, and 37.5 square meters.”

As a result, the defendant did not report important matters such as change of business place, but run a general restaurant business.

2. Determination

A. The main point of the defendant's assertion is that the 3th floor building and the 1st floor building are above the 3th floor and the 1st floor of the restaurant operated by the defendant. The 1st floor of the restaurant is the 1st floor of the above 1st floor building, which is the place where the former operator had operated from the former, entered into a lease contract by accepting the restaurant of the 1st floor building and operated the business in the place where the former operator had operated it without permission.

Therefore, not guilty should be pronounced on the facts charged of this case.

B. Even if an administrative regulation mainly takes place, it shall be punishable by an intentional act in accordance with the principle of the Criminal Act, except where there is an express provision or where it is clear that an offender is punishable by negligence as a matter of interpretation (see, e.g., Supreme Court Decision 85Do108, Jul. 22, 1986). In full view of each provision of the Food Sanitation Act, there is no express provision that an offender of an act of operating a general restaurant without reporting an alteration of important matters among reports on general restaurants business.