The prosecutor's appeal is dismissed.

1. The court below erred in the misunderstanding of legal principles, even though the court below determined otherwise, that the reason for appeal is to recognize the violation of the Food Sanitation Act, inasmuch as the video or automatic reflector is installed in the instant business site, and the customer is likely to use it.

2. Determination

A. Article 36(1) of the Food Sanitation Act (hereinafter “Act”) provides that “a person who intends to operate the following businesses shall have facilities that meet the facility standards prescribed by Ordinance of the Prime Minister.”

The term "food entertainment business" in subparagraph 3 provides for "food entertainment business", and paragraph 2 provides for the detailed types of business and the scope thereof under each subparagraph of paragraph 1 shall be prescribed by Presidential Decree.

“......”

In addition, Article 21 subparagraph 8 of the Enforcement Decree of the Act provides that "general restaurant business: business of cooking and selling foods, which is allowed to drink together with meals, and which is allowed to drink together with meals" among the detailed types of business under Article 36 (2) of the Act, and Article 21 (8) of the Enforcement Decree of the Act provides that "business of cooking and selling mainly alcoholic beverages, in which customers are allowed to singing, and in which case customers are allowed to sing."

In addition, Article 36 of the Enforcement Rule of the Act provides that the facility standards for each type of business under Article 36 (2) of the Act shall be set out in attached Table 14, and attached Table 14 (amended on December 26, 2014) which was in force at the time of the instant case shall be set as attached Table 14.

8. Standards for facilities of food entertainment business;

(a) Common standards of facilities 1) The business operator of a general restaurant or a public entertainment restaurant that intends to hold a public performance shall install stage facilities separately from guest seats in the place of business, but shall not install them inside guest rooms;

“The provisions of this Act shall apply; and

(b) Facility standards 1 for each type of business) in paragraph (a) of the term “place of guest rooms (an transparent partitions or transparent blocking wall) in the general restaurant,” as a whole, shall be installed in the general restaurant.