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(영문) 대전지방법원 천안지원 2018.06.21 2017고정751
식품위생법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is an actual operator of “D” in South-gu, South-gu, Dong-gu, Seoul, as the main charge.

Any person who intends to engage in food manufacturing business shall register with the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City, a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

The defendant from March 1, 2017 to the same year.

4. By the end of 20, in 200, it supplied and sold 15,300,000 won per day on an average of 300,000 won to the head of the Nam-gu, Nam-gu, Seoul and the head of the Dong-gu, Nam-gu, Seoul and the first floor, the same as those of the head of the Dong-gu, Nam-gu, Seoul, and the first floor.

2. Article 36 of the Food Sanitation Act provides that food manufacturing business, etc. (Article 1(1)1) and food entertainment business (Article 37(1)3) are businesses under the Food Sanitation Act, and Articles 37(4) and (5) of the Food Sanitation Act and Articles 25 and 26-2 of the Enforcement Decree of the Food Sanitation Act provide that for food manufacturing business, registration shall be made with the competent administrative agency, and reports shall be made with the competent administrative agency for over-the-counter stores among food entertainment businesses.

Article 21 of the Enforcement Decree of the Food Sanitation Act provides that "business of manufacturing food" is "business of manufacturing food," and the type of food entertainment business is "business of manufacturing and selling mainly bread, rice rice, fruits, etc., and drinking is not allowed."

The defendant asserts that he did not operate a food manufacturing business even though he did not operate a food entertainment business, as reported to the head of the competent administrative agency on the head points of the charge stated in the facts charged that he actually operated.

The issue of this case is whether the defendant's business activities constitute food entertainment business, which corresponds to food entertainment business.

(a) The food sanitation law specified in the food sanitation law for the food manufacturing industry is the food manufacturing business operator who manufactures food for sale;

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