Text
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
The summary of the facts charged is the substantial operator of the "E" main point in Bupyeong-gu Incheon Metropolitan Government D.
A person who intends to engage in entertainment bar business has obtained permission from the Administrator of the Korea Food and Drug Safety Agency or the head of the competent Gu, etc. for each type of business or each place of business, as prescribed by Presidential Decree, but the defendant operated a general restaurant with the trade name "E" at Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu on November 1, 2014, and operated an entertainment bar business with no permission, such as having customers with special lighting equipment, such as racers, and having them enjoy entertainment by installing a strawer, etc., and having them enjoy entertainment by using music, special lighting, etc.
Judgment
The defendant and his defense counsel asserted to the purport that the above act cannot be viewed as business activity of entertainment taverns, although the defendant installed a sound facility and lighting facility as stated in the above facts charged and the customers who used it were in a harsh interest.
Article 94(1)3 and Article 37(1) of the Food Sanitation Act, and Article 23 of the Enforcement Decree of the same Act provide that any person who intends to engage in entertainment business and entertainment bar business shall obtain permission from the competent administrative agency, and the offender shall be punished by imprisonment with prison labor for not more than ten years or by a fine not exceeding 100 million won. Article 21 Subparag. 8(d) of the Enforcement Decree of the Food Sanitation Act provides that an entertainment bar business is mainly engaged in cooking and selling alcoholic beverages, and an entertainment bar is allowed to employ entertainment workers or install entertainment facilities and provide customers with singing or dance. Article 22 of the Enforcement Decree of the Food Sanitation Act provides that an entertainment bar business is allowed to provide entertainment services to provide entertainment services to women who drink with entertainment workers or provide entertainment to customers by singing or dancing, and an entertainment facility is installed so that workers engaged in entertainment or customers may enjoy dancing.