Whether part of the buildings of the public restaurant is unauthorized, and the facility repair order is appropriate for reasons not for business use on the house ledger.

Even if part of the building used by the Plaintiff as a public restaurant is an unauthorized building and its remainder is a house and warehouse on the house ledger, the order to repair facilities under Article 25 of the Food Sanitation Act shall not be issued, as well as the order to repair facilities, on the ground that the building structure is not sufficient enough enough enough, or that it is not completely partitioned so as to be separated from other facilities for use.

Articles 22 and 25 of the Food Sanitation Act, Article 9(1) of the Enforcement Decree of the Food Sanitation Act, Article 24 of the Enforcement Rule of the Food Sanitation Act

Supreme Court Decision 83Nu162 delivered on November 8, 1983, 83Nu170 Delivered on December 13, 1983

Plaintiff

The head of Jung-gu Seoul Metropolitan Government

Seoul High Court Decision 83Gu218 delivered on November 10, 1983

The judgment below is reversed and the case is remanded to Seoul High Court.

The plaintiff's second ground of appeal is examined first.

According to the provisions of Article 26 (1) 3 and Article 25 of the Food Sanitation Act which provides that if a business operator violates the facility standards under Article 22 concerning its business facilities, he may issue an order to repair the facilities for a fixed period, and if he violates the order to repair the facilities, he may issue an order to close the facilities for the fixed period. However, according to Article 22 of the same Act, Article 9 (1) of the Enforcement Decree of the same Act and Article 24 of the same Decree of the same Act, which provides that the facility standards for the food entertainment business of the plaintiff are stipulated as the facility standards for the business place, or the house register does not stipulate that the part of the order to repair the facilities for the purpose of which the order to repair the facilities was completely separated from those of the building without permission for the reason that the order to repair the facilities for the purpose of which the order to repair the facilities was completely separated from those of the building without permission, the court below's decision that the order to repair the facilities for the reason that the order to repair the facilities of this case was completely separated from those facilities for other purposes.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jong-young (Presiding Justice)