The defendant shall be innocent.

1. The summary of the facts charged is a person who actually operates a general restaurant in the name of "C" on the Yangcheon-gu Seoul Metropolitan Government B and the second floor.

No special lighting facility, such as stage equipment, sound, reflector, space viewing, shall be installed in the guest room of a general restaurant.

Nevertheless, from March 1, 2018 to March 22, 2010, the Defendant violated the facility standards of food service providers by installing sound facilities, such as stage equipment, reflective facilities, micro, etc., in the general restaurant between the Defendant and around March 22, 2018.

2. Determination

A. Article 36(1) of the Food Sanitation Act provides that “A person who intends to operate the following businesses shall have facilities that meet the facility standards prescribed by Ordinance of the Prime Minister:

"The food entertainment business" in subparagraph 3 provides for "the food entertainment business", and paragraph 2 provides for the detailed types and scope of business under each subparagraph of paragraph 1, and the Presidential Decree.

"........"

In addition, Article 21 subparagraph 8 of the Enforcement Decree of the Food Sanitation Act provides that "general restaurant business" is related to food entertainment among the detailed types of business under Article 36 (2) of the Act, and Article 21 (8) of the Enforcement Decree of the Food Sanitation Act provides that "a business of cooking and selling food and drinking together with meals is permitted." (c) "a business of cooking and selling mainly alcoholic beverages, where customers are allowed to singing as a business of cooking and selling alcoholic beverages."

In addition, Article 36 of the Enforcement Rule of the Food Sanitation Act provides that the facility standards for each type of business under Article 36(2) of the Act shall be set out in attached Table 14;

8. Standards for facilities of food entertainment business;

(a) Common standards of facilities 1) The business operators of a rest restaurant, a general restaurant, or a danran bar in which they intend to hold a public performance shall install stage facilities separately from guest seats in the place of business, but shall not install them in guest rooms;

“The provisions of this section shall apply mutatis mutandis;

(b) facility standards for each type of business;