Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a general restaurant operator of the Nam-gu Incheon Metropolitan City C4.

Any person who intends to run an entertainment tavern business shall obtain permission from the Commissioner of the Korea Food and Drug Administration, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

[2014 High Court Decision 345]

1. Nevertheless, at around 00:03 on October 27, 2013, the Defendant, without permission, made a space available for dancing in the said “D” business site, installed sound equipment and special lighting equipment, and operated entertainment tavern business, such as having customers see their dancing in the business site using music and lighting.

[2014 High Court Decision 1781]

2. Nevertheless, at around 00:10 on August 31, 2013, the Defendant, without permission, made a space for dancing in the said “D” business site, installed sound equipment and special lighting facilities, and operated an entertainment drinking house business by making customers who have found in the place of business enjoy dancing by using music and lighting.

Summary of Evidence

[2014 High Court Decision 345]

1. A protocol of examination of part of the defendant by prosecution;

1. A statement, etc.;

1. On-site photographs (2014, 1781);

1. A protocol of partial police interrogation of the accused;

1. A report on regulating amusement businesses affecting the public morals;

1. On-site photographs Defendant and defense counsel’s assertion

1. The Defendant and his defense counsel, who committed the crime, denied the Defendant’s crime by asserting that the Defendant was not equipped with a special lighting device, such as stage equipment and space room, or with a space for dancing within the aforementioned D (hereinafter “instant main shop”) and that customers had dancing in a narrow space.

2. Determination

A. The term “entertainment bar business” under Article 21 subparag. 8 (d) of the Enforcement Decree of the Food Sanitation Act is a business of cooking and selling mainly alcoholic beverages. ① Entertainment facilities for workers engaged in entertainment, or entertainment facilities [the dance halls for workers engaged in entertainment or customers to enjoy dancing (the Food Sanitation Act).