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(영문) 창원지방법원 2018.01.17 2017노2998
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misapprehending the legal principles, submitted a business report to the South Maritime Affairs and Fisheries Office several times before running food entertainment business, but the remaining Maritime Affairs and Fisheries Department rejected the business report at the time of G creation and unfairly rejected the business report. Thus, the Defendant did not report.

shall not be deemed to exist.

Although the defendant continued to operate his business after receiving the order to close the place of business, the person who removed the notice informing that the business is not a legitimate place of business is the husband of the defendant, not the defendant.

B. Sentencing

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, Article 37(4) of the Food Sanitation Act and Article 25(1)8 and Article 21 subparag. 8(b) of the Enforcement Decree of the same Act provide that a person who intends to run a general restaurant business shall report to the head of a Si/Gun/Gu by installing the pertinent facilities prescribed by the Enforcement Rule of the same Act and submitting a report in the prescribed form. As such, in the case of a general restaurant business report meeting legitimate requirements, the report becomes effective as a report at the time of receipt without the need to put the separate measures, such as the repair disposition of the administrative agency.

is not a non-reported business.

However, Article 36 [Attachment 14] of the Enforcement Rule of the same Act provides for common facility standards and facility standards by type of business for various physical facilities such as places of business, kitchens, toilets, etc., which must be equipped in order to report general restaurant business. Thus, the facility standards referred to in this context are premised on the premise that the physical facilities subject to such standards meet the relevant laws and regulations as a matter of course. Thus, if a building reported by a general restaurant business violates the relevant Acts and subordinate statutes, such as the Building Act, if the building in question violates the relevant laws and regulations, the

This is, however, applicable.

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