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(영문) 서울중앙지방법원 2014.06.20 2014고정789
식품위생법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who reports food service business to the Gwanak-gu Seoul Special Metropolitan City Office on December 17, 2012 and operates general restaurants with the trade name of “E” in the Gwanak-gu Seoul Special Metropolitan City C and the 1st underground floor (D).

A person who runs a food service business shall be equipped with facilities meeting the facility standards prescribed by Ordinance of the Prime Minister, and according to the facility standards by type of business, no person shall install special lighting facilities, such as stage equipment, sound and reflective facilities, space bags, etc. in the guest rooms of general restaurants.

Nevertheless, at around 23:00 on October 16, 2013, the Defendant installed and operated a special lighting facility such as space game in the guest room of the above “E”.

2. The main contents of facility standards for food service business prescribed in attached Table 14 of the Enforcement Rule of the Food Sanitation Act, and in particular general restaurants are as follows:

8. Facility standards for food service business;

(a) A resting restaurant business operator, general restaurant business operator, or entertainment bar business operator who intends to hold a public performance (1) shall install stage facilities separately from guest seats in the place of business, but shall not install them in guest rooms;

(b) No locking equipment shall be installed in a guest room where guest rooms (excluding cases where the interior can be seen as a whole by installing a well-known partitions or transparent blocking wall installed) are installed at general restaurants, such as resting restaurant business, general restaurant business, and bakeries business (a).

(f) No special lighting facility, such as stage equipment, sound and reflective facilities, space sunball, shall be installed in the guest rooms of general restaurants.

3. Determination

A. According to the records, the instant business establishment places 13 to 2 to 4 table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table table board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board board.

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