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(영문) 인천지방법원 2013.07.26 2013고정1963
식품위생법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant of the facts charged in this case operates a mutual title of “C” on the first floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

No person who runs a general restaurant business shall install special lighting facilities, such as stage equipment, sound and reflective facilities, space expenses, etc.

Nevertheless, on July 30, 2012, the Defendant violated the facility standards for food service business by installing stage equipment, computer reflector, drums, etc. in the head office operated by himself/herself from the beginning of July 2012 to March 30, 2013.

2 Judgment

A. (1) Article 97 Subparag. 4 of the Food Sanitation Act provides that a business operator who fails to meet the facility standards under Article 36 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won, and Article 36(1)3 of the Enforcement Decree of the Food Sanitation Act provides that a person who intends to engage in a food service business shall have facilities meeting the facility standards prescribed by Ordinance of the Prime Minister, and Article 21 Subparag. 8 of the Enforcement Decree of the Food Sanitation Act provides that an ordinary restaurant business under Article

(2) Article 36 of the Enforcement Rule of the Food Sanitation Act provides that the standards for facilities by type of business under Article 36 of the Act are as specified in attached Table 14. According to attached Table 14, the standards for facilities of food services are as follows.

Common facility 1) A resting restaurant, general restaurant, or danran bar operator who intends 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.

(b) No locking equipment shall be installed in a guest room where guest rooms (excluding cases where the interior can be seen as a whole by installing a well-known partitions or transparent blocking wall installed) are installed at general restaurants (a) rest restaurant business, general restaurant business, and bakeries business (a).

(f) In the guest rooms of general restaurants, stage equipment, sound and reflective facilities, space expenses, etc.

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