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Defendants are not guilty.
Reasons
1. The facts charged in this case
A. Defendant A is a person who operates a resting restaurant, located in Suwon-si D (E department store 1 floor) in Suwon-si D (E department store 1 floor).
Among the matters reported on business pursuant to Article 37 (4) of the Food Sanitation Act, when the area of the place of business is changed, the competent authority should report the change of the area of the place of business. However, the defendant was prepared from March 2007 to the detection date of detection in a joint kitchen (10.3mmm2) with approximately 30m away from the joint kitchen (10.3m2) and again transported the area of the place of business to the reported store, but did not report the change to the competent authority.
B. The Defendant Company B, at the time, and at the place of the preceding paragraph, committed the Defendant’s business violation as above in relation to the Defendant’s business.
2. Determination
(a) A person who intends to operate the following businesses shall have facilities meeting the facility standards prescribed by Ordinance of the Prime Minister:
(2) The detailed types and scope of business under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree.
(1) A person who intends to conduct business prescribed by Presidential Decree among those falling under any subparagraph of Article 36 (1) shall obtain permission from the Minister of Food and Drug Safety or the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu for each type of business or each place of business, as prescribed
The same shall also apply to any revision to important matters prescribed by Presidential Decree among the permitted matters.
(3) Where a business operator who has obtained permission under paragraph (1) discontinues his/her business or changes minor matters except important matters under the latter part of the same paragraph, he/she shall report to the Minister of Food and Drug Safety, a Special Self-Governing Province
(4) A person who intends to engage in the business prescribed by Presidential Decree among those referred to in the subparagraphs of Article 36 (1).