The defendant shall be innocent.

1. From January 2010, the Defendant is operating a general restaurant in a mutual name on the 10th floor of the Gangdong-gu Seoul Metropolitan Government D Building.

On July 14, 2014, the Defendant run an entertainment drinking house business without permission, even though he/she is required to operate an entertainment bar business after obtaining business permission from the competent administrative office. However, the Defendant run an entertainment drinking house business without permission, such as setting up stage and lighting in the above E business establishment and providing places to many and unspecified people for dancing.

2. Article 94, which is a penal provision of the former Food Sanitation Act (amended by Act No. 12496, Mar. 18, 2014; hereinafter “Food Sanitation Act”), was amended on March 18, 2014. The enforcement date of the Act on March 18, 2014, which was six months after its promulgation, is September 18, 2014 (see Addenda No. 12496), and the Act applicable to this case is the former Food Sanitation Act (amended by Act No. 12496, Mar. 18, 2014).

Article 36 (Standards for Facilities) (1) Any person who intends to conduct the following business shall have facilities meeting the standards for facilities prescribed by Ordinance of the Prime Minister:

(2) The detailed types and scope of business under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.

(1) A person who intends to conduct business prescribed by Presidential Decree among those falling under any subparagraph of Article 36 (1) shall obtain permission from the Minister of Food and Drug Safety or the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu by type of business or place of business, as prescribed by

(4) A person who intends to conduct a business prescribed by Presidential Decree among the businesses referred to in the subparagraphs of Article 36 (1) shall report to the Minister of Food and Drug Safety, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu, by type of

(F) Article 44 (Matters to be Observed by Business Operators) (1) and other food service business operators shall be prescribed by Presidential Decree.