All appeals by the Defendants are dismissed.

1. Summary of the grounds for appeal (misunderstanding of legal principles and mistake of facts)

A. Whether it is necessary to grant a license for the entertainment shop business of the franchises (misunderstanding the legal principle) (Article 22(1) of the Enforcement Decree of the Food Sanitation Act limits the term "persons engaged in entertainment to women." As such, the term "act of entertainment" of the franchise's employees to "act of entertainment" (hereinafter "act of entertainment") with "act of entertainment with customers" as provided by Article 44(3) of the Food Sanitation Act, can be viewed as "act of entertainment," without permission for the entertainment shop business.

must be viewed.

If we do not do so, food service providers with franchis entertainment workers will be punished by criminal punishment, but the business license will not be canceled, and the franchise will not become entertainment workers, and thus violate the principle of equality and infringe on the freedom of occupation.

B. The lower court found the Defendant guilty on the ground that there was no entertainment (misunderstanding of the facts, misunderstanding of the legal doctrine) and the act by the gender workers at a business establishment as indicated in the judgment of the lower court was committed for the purpose of public performance, not “ entertainment,” but at a “public performance.”

(c)

Defendant

B Joint processing denial (misunderstanding of facts) by Defendant B is not a partner of Defendant A, and there is no joint processing in the crime as indicated in the judgment below.

2. Determination

A. Article 44(3) of the Food Sanitation Act provides that no person is allowed to engage in "act of entertainment" at a place where a food entertainment business is operated for profit-making purposes, except where he/she has obtained permission for an entertainment entertainment shop business. Article 44(4) of the same Act provides that no person shall employ entertainment workers, namely, "food entertainment service provider under paragraph (3)", "food entertainment service provider who has not obtained permission for an entertainment shop business," i.e., food entertainment service provider who has not obtained permission for an entertainment shop business.

In light of the language, structure, legislative intent, etc. of each of the above provisions of the law.