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(영문) 서울중앙지방법원 2013.11.21 2013고단5036
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay a fine, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “F” in Gangnam-gu Seoul Metropolitan Government D (E and underground first floor).

A person who intends to run an entertainment bar business shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, but the defendant, at around 23:00 on July 13, 2013, without obtaining permission to engage in an entertainment bar business, provided a space where customers can dance and install sound equipment, lighting equipment, etc. and allow customers to drink and dance alcohol.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Control note;

1. A business notification certificate;

1. Application of Acts and subordinate statutes to photographs on violations;

1. Article 94 subparagraph 3 of the Food Sanitation Act and Article 37 (1) of the same Act concerning facts constituting an offense;

1. Crimes falling under Article 70 or 69 (2) of the Criminal Act concerning the detention in a workhouse;

1. An ordinary restaurant business among food service businesses is a business of cooking and selling foodstuffs, where drinking accompanied with meals is allowed. An entertainment bar business is a business of cooking and selling mainly alcoholic beverages, where customers are allowed to sing. An entertainment bar business is a business of cooking and selling mainly alcoholic beverages, and entertainment bar business is a business of cooking and selling mainly alcoholic beverages, where workers engaged in entertainment, installing entertainment facilities, or customers are allowed to sing or dance;

(1) Article 36(1) and (2) of the Food Sanitation Act, Article 21 subparag. 8(b), (c), and (d) of the Enforcement Decree of the same Act, and “persons engaged in entertainment” mean dancing halls installed to enable workers engaged in entertainment or customers to enjoy dancing by drinking alcoholic beverages, singing or dancing.

(Article 22(1) and (2) of the Enforcement Decree of the same Act. In light of the aforementioned regulatory form and content, entertainment bar business mainly allows customers to dance while cooking and selling alcoholic beverages.

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