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

1. The Defendant is a person who operates general restaurants with the trade name “D” on the fourth and fifth floors of Yongsan-gu Seoul Metropolitan Government C underground.

Anyone shall obtain permission from the Commissioner of the Korea Food and Drug Administration or the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu to engage in entertainment bar business, where it is a business of cooking and selling mainly alcoholic beverages and customers are allowed to sing or dance.

Nevertheless, around 01:51 on February 8, 2015, the Defendant, at the above “D” general restaurants, equipped with approximately 25 tables, approximately 50 chairs, one kitchen, and two toilets, and sold alcoholic beverages and liquors to many unspecified customers, etc., by employing DNAs, allowing them to play music and dance.

Accordingly, the Defendant carried on entertainment bar business without obtaining permission.

2. Article 37(1) of the Food Sanitation Act provides that “A person who intends to run a business prescribed by Presidential Decree among businesses under the subparagraphs of Article 36(1) shall obtain permission from the head of the Gu, etc. for each type of business or each place of business as prescribed by Presidential Decree.” Article 23(2) of the Enforcement Decree of the Food Sanitation Act provides that an entertainment bar business shall be granted permission pursuant to the aforesaid

Ultimately, the obligation to obtain a license under the above Act is imposed on the “person who intends to engage in the business prescribed by Presidential Decree among the businesses referred to in the subparagraphs of Article 36(1) of the Food Sanitation Act” and the crime of violating the above obligation to report constitutes an identification offender for which only the person obligated to report is able to report, and the “person who intends to engage in entertainment bar business” refers to a person who becomes a subject of the rights and obligations arising from entertainment bar business, and

However, according to the records, the defendant is only recognized as an employee employed by the business operator of the business of this case.