Notification on commencement of business
A person who intends to run a side dish store must file a notification on commencement of business.- Any person who intends to engage in the on-site sales, manufacturing, and processing business shall file a notification thereof with the Mayor of a Special Self-Governing City, or the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (hereinafter referred to as the ‘notifying office’), by type of business or place of business (Former part of Article 37(4) of the Food Sanitation Act and Subparagraph 2 of Article 25(1) of the Enforcement Decree of the Food Sanitation Act).
※ Any person who violates this provision shall be punished by imprisonment for not more than 3 years or be subject to a fine not exceeding KRW 30 million (Subparagraph 1 of Article 97 of the Food Sanitation Act).
Procedure of notification on commencement of business- The person who intends to file a business notification shall submit a business notification accompanied by other necessary documents to the notifying office after having the necessary facilities for the business operation (Former part of Article 42(1) and Subparagraphs 1, 2, 4, 10 and 11 of Article 42(1) of the Enforcement Regulations of the Food Sanitation Act).
- The notifying office that has been notified shall issue a business notification certificate immediately without delay (Article 42(8) of the Enforcement Regulations of the Food Sanitation Act).
- The notifying office that has issued the notification certificate shall prepare and archive the business commencement notification management log or enter it into the computer network in the same format for management (Article 42(9) of the Enforcement Regulations of the Food Sanitation Act).
- In the event that confirmation is required for the facilities of the corresponding business establishment, the notified office shall confirm the notified details within 15 days from the issuance of the notification certificate (Article 42(10) of the Enforcement Regulations of the Food Sanitation Act).
- An operator may apply for the reissuance of the license for events where the license has been lost or fallen into disuse by normal wear and tear and shall submit a reissuance application (applicable only where the reissuance is applied as a result that the license has fallen into disuse by normal wear and tear) to the notifying office (Article 42(11) of the Enforcement Regulations of the Food Sanitation Act).
Reasons for restrictions on the notification on commencement of business (or business notification)- The business notification shall not be granted in any of the following circumstances (Subparagraphs 1, 3, and 5 of Article 38(2) of the Food Sanitation Act).
· Where a business operator intends to engage in the same type of business in the same place before 6 months have elapsed since an order to close down his/her place of business was issued under Article 75(1) or (2) of the Food Sanitation Act or Article 16(3) and (4) of the Act on Labeling and Advertising of Foods. However, the same shall not apply where his/her business is canceled or an order to close down his/her place of business is issued after all of the business facilities are removed.
· Whenthe same business operator (in case of a corporation, including the representativethereof) intends to engage in the same type of business as the business ordered to be closed downbefore 2 years have elapsed since an order to close down his/her place ofbusiness was issued under Article 75(1) or (2) of the Food Sanitation Act or an order to close down his/her place ofbusiness was issued under Article 16(3) and (4) of the Act on Labeling andAdvertising of Foods. However, this is not applicable to operators ordered to close his/her business after complete demolition of the business facility (excluding demolishment of business facilities to avoid administrative restrictions)
· Where a business operator (in case of a corporation, including the representative thereof), for whom 5 years have not elapsed since an order to close down his/her place of business was issued due to a violation of Articles 4 through 6 or Article 8 of the Food Sanitation Act, intends to engage in the same type of business as the business ordered to close down his/her place of business