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(영문) 수원지방법원 2015.11.25 2015고정2279
식품위생법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant operated a 'D' 'D' 'D' d' in the wife population C.

On June 26, 2015, the Defendant, who was living together with E, engaged in entertainment drinking business by employing an entertainment reception receptionist for 30,000 won per hour from around 01:00 to around 04:00, while drinking alcohol with customers, or singing or dancing, without a business license for an entertainment drinking house.

2. The judgment prosecutor brought a public prosecution against the Defendant on the charge that “E, an employee of the Defendant, engaged in entertainment tavern business without obtaining permission for an entertainment tavern business,” by applying Articles 100, 94(1)3, and 37(1) of the Food Sanitation Act.

According to the evidence submitted by the prosecutor, it is recognized that E, who had been managing the danran bar after the Defendant left the office, called the "soft" at the request of customers around 01:00 on June 26, 2015 and arranged entertainment with customers by drinking in a so-called "so-called" and drinking together with them.

However, Article 44(3) of the Food Sanitation Act provides that "no person shall act as an intermediary to attract guests by drinking, singing or dancing with customers at a place where a food service business is operated for profit." Article 98(1) of the same Act provides that "no person shall act as an intermediary to attract guests by singing or dancing." In order to recognize that E, an employee of the defendant, engaged in entertainment drinking business without permission, even in the act of violating Article 98(1), the defendant or E, an employee of the defendant, engaged in entertainment drinking business without permission, should be recognized as having engaged in "business", such as directly or repeatedly employing entertainment workers, or continuous employment of entertainment workers.

The business of cooking and selling alcoholic beverages with "entertainment bar business" under Article 21 subparagraph 8 (d) of the Enforcement Decree of the Food Sanitation Act, may employ workers engaged in entertainment or install entertainment facilities, and customers may sing.

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