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(영문) 부산지방법원 2014.01.17 2013고정4278
식품위생법위반
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The Defendant is a person who operates a general restaurant in the name of “D” on the Busan Jin-gu C and the 1st underground level.

No special lighting facility, such as stage equipment, sound and reflector, space sunball, shall be installed in the guest rooms of general restaurants.

Nevertheless, from October 18, 201 to April 23:30, 2013, the Defendant violated the facility standards for general restaurants by installing simplified strings, which are stage equipment, DJbes, sound, and reflective facilities, and space strings, which are special lighting facilities, at the above restaurant, and providing services to unspecified customers.

2. Related statutes;

A. 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 Ministry of Health and Welfare, and Article 21 subparag. 8 of the Enforcement Decree of the Food Sanitation Act provides that

B. 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, and the standards for facilities of food service business are as follows according to attached Table 14.

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 a guest room is installed at a general restaurant business, general restaurant business, and bakeries business (a).

(f) No special lighting facilities, such as stage equipment, sound and reflective facilities, space sunball, shall be installed in the guest rooms of general restaurants.

3. Determination feet, and the above Enforcement Rule shall apply to general restaurants.

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