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(영문) 인천지방법원 부천지원 2017.10.26 2017고정740
식품위생법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. It is as shown in the attached Form of the facts charged (the suspect shall be the defendant);

2. Determination

A. Review of the relevant laws and regulations (1) The statutes applied to the Defendant in this case are violations of the Food Sanitation Act to the effect that “the presence fee of foods cooked and provided to customers differs from the contents indicated in the price list”, and the main contents of the above laws are as follows.

[Food Sanitation Act] Article 97 (Penal Provisions) of the Food Sanitation Act shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.

6. Any person who fails to comply with matters to be observed by business operators under Article 44 (1);

(i) Any person who violates insignificant matters prescribed by Ordinance of the Prime Minister shall be excluded;

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

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

Article 44 (Matters to be Observed by Business Operators, etc.) (1) Business operators prescribed by Presidential Decree, such as food entertainment business operators, and their employees shall observe the following matters according to the type of business in order to maintain sanitation management and order in business and to promote national health and sanitation:

8. The detailed types and scope of business under Article 36 (2) of the Act for the management of raw materials for business, manufacturing process, sanitary management and order maintenance, improvement of public health, etc. [Enforcement Decree of the Food Sanitation Act] Article 21 of the Enforcement Decree of the Food Sanitation Act shall be as follows:

8. Food entertainment business;

(b) General restaurant business: Business of cooking and selling foodstuffs, where drinking accompanied with meals is allowed [Enforcement Rule of the Food Sanitation Act] Article 57 (Matters to be Observed by Food Service Providers, etc. pursuant to Article 44 (1) of the Act shall be as specified in attached Table 17;

[Attachment 17]

7. A food service provider (a food service provider shall be the entrusted food service provider);

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