식품위생법위반
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is that H was a female employee at the flood point of this case.
G according to the statement of H, H conducted entertainment entertainment activities by engaging in acts such as drinking with G and complying with alcohol.
In light of the fact that the Defendant made a statement to the effect that “the self-employed did not properly provide staff training,” etc. in the police investigation process, the Defendant, while operating a dan, provided education and care to avoid violating matters to be observed by his/her ordinary employees, such as not engaging in entertainment entertainment, etc., it may be deemed that he/she did not provide his/her employees at the time and did not provide his/her employees with education on this.
The receipt of this case is indicated as “T.C. 20,000 won” that means the cost of service for female employees.
Comprehensively taking account of these circumstances, the lower court found the Defendant not guilty on the ground that there is insufficient proof, despite the fact that the Defendant could be able to recognize that the Defendant employed the entertainment reception workers to have engaged in entertainment entertainment or to have engaged in the act of promoting or implieding such act
The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. After recognizing the circumstances as indicated in its reasoning, the lower court determined that the instant facts charged that the Defendant, as indicated in the instant facts charged, hired He as an entertainment receptionist and caused him to provide entertainment services cannot be deemed to have been proven beyond a reasonable doubt.”
B. Article 44(1) of the Food Sanitation Act provides that "business operators prescribed by Presidential Decree, such as food service providers, etc. and their employees shall observe the matters prescribed by Ordinance of the Prime Minister for the sanitary management of business, maintenance of order, and promotion of public health and sanitation," while Article 57 of the Enforcement Rule of the same Act and attached Table 17.6(1)1 of the same Act provide that resting restaurant business operators, general restaurant business operators,