(영문) 수원지방법원 2014.05.22 2013고정3191

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(영문) 수원지방법원 2014.05.22 2013고정3191

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C”.

A person who intends to operate a general restaurant business shall file a report on food service business with the competent authority and shall report to the competent authority on the modification of important matters prescribed by Presidential Decree, among reported matters.

On November 17, 2008, the Defendant reported food service business to “C” in the name of “C,” and operated a general restaurant on December 2, 2012, the Defendant failed to report it to the competent authority, notwithstanding the fact that the location of the above restaurant was changed to E and the cooking facilities, etc. were prepared and sold to an unspecified number of customers.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 97 of the Food Sanitation Act, Article 37 (4) of the same Act, and selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's defense counsel's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act asserts that the punishment of the defendant under the applicable law of the judgment is unreasonable, since the report of the change of the place of business was not set separately in the relevant law.

Article 37 (4) of the Food Sanitation Act provides that "a person who intends to engage in a business prescribed by Presidential Decree among the businesses referred to in the subparagraphs of Article 36 (1) shall report to the Minister of Food and Drug Safety, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu by type of business or place of business, as prescribed by Presidential Decree. The same shall also apply where any material fact prescribed by Presidential Decree among the reported matters is changed or discontinued." Article 26 (3) of the Enforcement Decree of the same Act provides that "the location of a place of business" shall be changed when a change is made pursuant to the latter part of Article

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