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(영문) 서울중앙지방법원 2018.09.18 2017고정3281
식품위생법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is a person who operates a general restaurant in the name of “C” on the first basement of Seocho-gu Seoul Metropolitan Government.

No general restaurant operator shall install any business facility other than the reported business or allow customers to sing with sound and reflect facilities.

Nevertheless, around 01:06 on August 25, 2017, the Defendant violated the code of practice of food entertainment operators by allowing customers with one video device, one singing cycle, one microphone, etc. who are unable to find out their names with the above restaurant and allowing them to sing in line with anti-states.

2. Article 97 subparag. 6 of the Food Sanitation Act, which is provided for in the Act applicable to the above facts charged, is a penal provision for a person who violates the matters to be observed by food service providers, etc. under each subparagraph of Article 44(1) of the same Act. Articles 44(1)8 and 36 of the Food Sanitation Act, and Article 21 subparag. 8(b) of the former Enforcement Decree of the Food Sanitation Act (Amended by Presidential Decree No. 28472, Dec. 12, 2017); Article 57 of the former Enforcement Rule of the Food Sanitation Act (Amended by Ordinance of the Prime Minister No. 1437, Dec. 29, 2017; hereinafter the same shall apply) [Attachment 17] subparag. 7(l) of the same Act shall not allow a food service provider to install any sound other than the relevant food service provider or to have any other entertainment facility equipped with a singing facility.

“......”

In addition, according to Article 36 (1) 3 of the Food Sanitation Act and Article 36 of the former Enforcement Rule of the Food Sanitation Act [Attachment 14], Article 8 (1) 8 (e) and Article 36 of the former Enforcement Rule of the Food Sanitation Act [Attachment 14], the place of business of a general restaurant shall not be equipped with a video or automatic reflector for caption which customers may use (Provided, That this shall not apply where it is provided as a family example, such as painting and painting, at a general restaurant with the annual conference.

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