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(영문) 청주지방법원 2014.12.19 2014노891
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is interpreted as a business where entertainment bar business is permitted to employ entertainment workers, install entertainment facilities and provide customers with singing or dance. However, the court below erred by misapprehending the legal principles as to the interpretation of entertainment bar business under the Food Sanitation Act and thereby adversely affected the conclusion of the judgment by misapprehending the legal principles on the interpretation of entertainment bar business under the Food Sanitation Act.

2. Determination

A. Article 94(1)3 of the Food Sanitation Act provides that a person who violates Article 37(1) of the same Act shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 100 million won, or both penalties shall be imposed concurrently. Article 37(1) of the same Act provides that a person who intends to engage in a food service business as prescribed by the Presidential Decree shall obtain permission from the competent authority for each type of business or each place of business, as prescribed by the Presidential Decree. Article 23 of the Enforcement Decree of the Food Sanitation Act provides that an entertainment bar business and entertainment bar business under subparagraph 8 (c) of Article 21 of the Enforcement Decree of the same Act shall be licensed (Article 37(4) of the Food Sanitation Act and Article 25(1)8 of the Enforcement Decree of

2) Meanwhile, Article 21 of the Enforcement Decree of the Food Sanitation Act provides 8B.

Items (d) through (d);

The detailed types and scope of food service business shall be determined as follows:

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