A. 1) misunderstanding of facts or misunderstanding of legal principles is the business place operated by the Defendant’s wife, and the Defendant merely attempted to operate the business. 2) Although the instant business place has a big pressing of music at the instant business place, it did not have a dance hall for customers and did not have a dance hall, there was no entertainment bar business in the age club type.

3) Nevertheless, the lower court found the Defendant guilty of the instant facts charged by misapprehending the legal doctrine or by misapprehending the legal doctrine. B. The lower court’s sentence against the Defendant on the ground of unfair sentencing (a fine of KRW 2,00,000) is too unreasonable.

2. Determination

A. (1) Determination on the assertion of mistake of facts or misapprehension of the legal principles) Article 94 (1) of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013) (amended by Act No. 11986, Jul. 30, 2013)

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:

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

B) Article 21 of the Enforcement Decree of the Food Sanitation Act (the detailed types and scope of business under Article 36 (2) of the Act of the Types of Business are as follows:

8. Food service business;

(b) General restaurant business: Food cooking and selling;