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(영문) 부산지방법원 2021.01.11 2020고정1325
식품위생법위반
Text

The defendant shall be innocent.

Reasons

1. A person who intends to engage in general restaurant business in the facts charged shall report to the competent authority;

Nevertheless, on August 21, 2020, the Defendant, without reporting to the head of the competent Gu on August 21, 2020, on the first floor of the building located in Busan Dong-gu, Busan around 22:20, the Defendant, without trade name, operated a general restaurant by preparing and selling alcoholic beverages equivalent to 30,000 won per week average of 30,000 won per day, for customers who drink alcoholic beverages, with three tables, eight chairs, coolings, gas sirens, and other cooking facilities.

2. According to Article 21 subparagraph 8(b) of the Enforcement Decree of the Food Sanitation Act, which is one of the food entertainment businesses, based on delegation of Article 36(2) of the Food Sanitation Act, "business of cooking and selling food and drinking incidental to meals" means business of cooking and selling food. In light of the fact that Article 36 of the Enforcement Rule of the Food Sanitation Act (Attached Table 14) provides "place of business, water supply facilities, and toilets" as the standard of common facilities of food entertainment business as the standard of facilities for each type of business, it is reasonable to interpret "business of cooking and selling food" as "business of cooking and selling food," and it is reasonable to interpret "business of cooking and selling food" as "business of cooking and selling food" in the above Enforcement Decree as "business of cooking and selling food," and in this context, considering various circumstances such as the kind and nature of food, method of handling food, main contents of business, etc., the act in question may cause harm to food caused by food or harm to public health and sanitation, and it should be determined as to 98181.

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