[1] Whether a type of business in which it is impossible to let customers sing may sing constitutes "sing bar business" under Article 7 subparagraph 8 (c) of the former Enforcement Decree of the Food Sanitation Act (negative)

[2] The case holding that even if a person licensed to engage in a bar business of cooking and selling mainly alcoholic beverages, so long as the conditions for customers to sing are not equipped, it does not constitute an entertainment bar business under the former Food Sanitation Act

[1] In full view of the respective provisions of Article 22(1) of the former Food Sanitation Act (amended by Act No. 8113 of Dec. 28, 2006) and Article 7 subparag. 8 of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 19769 of Dec. 21, 2006), since the above Enforcement Decree provides that "an entertainment business is a business of cooking and selling alcoholic beverages and of allowing customers to sing, it is a business of cooking and selling alcoholic beverages." Thus, even if it is mainly a business of cooking and selling alcoholic beverages, it is not possible to allow customers to sing, it does not constitute an entertainment business under the above Enforcement Decree.

[2] The case holding that even if a person who obtained permission for general restaurants runs a bar business of cooking and selling mainly alcoholic beverages, so long as customers do not have conditions to singing, it does not constitute a entertainment bar business under the former Food Sanitation Act (amended by Act No. 8113 of Dec. 28, 2006)

[1] Article 2 (1) of the former Food Sanitation Act (amended by Act No. 8113 of Dec. 28, 2006), Article 7 subparagraph 8 (c) and Article 9 of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 19769 of Dec. 21, 2006) / [2] Article 2 (1) of the former Food Sanitation Act (amended by Act No. 8113 of Dec. 28, 2006), Article 7 subparagraph 8 (c) and Article 9 of the former Enforcement Decree of the Food Sanitation Act (amended by Presidential Decree No. 19769 of Dec. 21, 2006)

[1] Supreme Court Decision 93Nu10576 delivered on October 22, 1993 (Gong1993Ha, 3187) Supreme Court Decision 98Do3964 delivered on May 25, 199 (Gong199Ha, 1312)

Defendant

Prosecutor

Attorney Seo-cheon et al.

Changwon District Court Decision 2007No1435 Decided February 14, 2008

The appeal is dismissed.

We examine the grounds of appeal.

Article 22(1) of the former Food Sanitation Act (amended by Act No. 813 of Dec. 28, 2006) and Article 7 subparag. 8 of the former Enforcement Decree of the same Act (amended by Presidential Decree No. 19769 of Dec. 21, 2006), comprehensively taking into account the purport of each provision, the above Enforcement Decree provides that an entertainment business shall be “a business of cooking and selling alcoholic beverages as a business of cooking and selling alcoholic beverages and of allowing customers to sing.” Thus, even if it is mainly a business of cooking and selling alcoholic beverages, it does not constitute an entertainment business under the above Enforcement Decree (see Supreme Court Decision 98Do3964, May 25, 199).

In the same purport, the court below is just in holding that the defendant's business of cooking and selling mainly alcoholic beverages while operating a general restaurant after obtaining permission, unless the defendant had allowed customers to sing and singing with facilities capable of singing, so long as the above main business cannot be viewed as an entertainment business under the Food Sanitation Act, and the defendant's not guilty of the defendant's business, and there is no error in the misapprehension of legal principles as to the requirements of entertainment business under the Food Sanitation Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan (Presiding Justice)