ENGLISH

Startup of restaurants
Establishment of business facilities
Criteria commonly applied to the facilities
- Any person who intends to operate a restaurant shall be commonly equipped with facilities that meet the following criteria (Article 36 of the Food Sanitation Act and Article 36 and Subparagraph 8(a) of attached Table 14 of the Enforcement Regulations of the Food Sanitation Act).

Category

Content

Business

establishment

1. The restaurant must be an independent building or be separated, compartmented or divided from facilities used for purposes other than the business that obtained business license or reported for business commencement as a food service business (except where a general restaurant intends to engage in meat sales business under Article 21-7(Subparagraph 7)-A of the Enforcement Decree of the Processing of Livestock Products Act, a rest restaurant intends to engage in music record and music video sales business under Article 2-10 (Subparagraph 10) of the Music Industry Promotion Act, and a bakery has obtained license for the sale of alcoholic beverages from the head of a competent tax office). However, the restaurant must be divided in any of the following cases:

 ① Where the restaurant intends to engage in a type of food service business that is different from the type for which business license was obtained or business commencement was reported (except for a rest restaurant engaging in general restaurant or bakery business, a general restaurant engaging in rest restaurant or bakery business, or a bakery engaging in rest restaurant or general restaurant business)

 ② Where the restaurant intends to engage in karaoke business under Article 2-13 (Subparagraph 13) of the Act on Promotion of the Music Industry

 ③ Where the restaurant intends to engage in colatheque (cola discotheque) business under Article 2-3 (Subparagraph 3) of the Enforcement Rule of the Special Act on the Safety Management of Multi-Use Businesses

 ④ Where the restaurant intends to engage in dance institute or dance hall business pursuant to Article 10(1)-2 of the Act on the Establishment and Use of Sports Facilities

 ⑤ Where the restaurant intends to engage in a business involving the entry, display or breeding of animals under Article 2-1 (Subparagraph 1) of the Animal Protection Act 

2. The business establishment should ensure that the ventilation of smoke, hazardous gas, etc. is well maintained.

3. An operator who intends to install audio and accompaniment facilities should be equipped with soundproof facilities that satisfy the regulation criteria for living noise and vibration under Article 21 of the Noise and Vibration Control Act.

4. A rest restaurant, general restaurant or karaoke bar operator who intends to engage in delivering performances should install stage facilities that are separated from audience seats in the business establishment, but such facilities must not be installed inside guest rooms.

5. Devices and supplies for disinfecting hands must be provided at the entrance of the business establishment directly in contact with the facility involving the entry, display, or breeding of animals under Article 2-1 (Subparagraph 1) of the Animal Protection Act

Cooking area

1. The cooking area should be structured to enable guests to view the interior. However, this shall not apply to bakery businesses where the cooking area is installed within the same building pursuant to Subparagraph 8(f) of Article 21 of the Enforcement Decree of the Food Sanitation Act and the cooking area of tourist hotel businesses and tourist theater businesses pursuant to Subparagraph 2(a) and Subparagraph 3(e) of Article 2(1) of the Enforcement Decree of the Tourism Promotion Act.

2. If drains are located on the floor of the cooking area, covers must be installed.

3. Cooking facilities, cleaning facilities, waste containers, and hand-washing facilities that are necessary for hygienic cooking of foods handled should be installed within the cooking area, and waste containers should be covered with lids and made of water-resistant materials to prevent leakage of garbage and odor.

4. The following shall apply to cases in which a single operator can use a single cooking area for more than 1 business:

① Where the restaurant intends to engage in two or more of the rest restaurant, bakery, general restaurant and instant food sales, manufacturing and processing businesses in the same building

② Where more than 2 establishments among the rest, bakery, and general restaurant businesses are to be operated in places such as special resort businesses, general resort complex businesses, and amusement facility businesses under the Enforcement Decree of the Tourism Promotion Act

③ Where a bakery operator intends to manufacture and process confectionery and bakery items that fall within the food manufacturing and processing business or the instant food sales, manufacturing and processing business

④ Where a bakery operator intends to operate two or more bakeries as follows

√ Within the jurisdiction governed by the same agency at which business reports are filed; or

√ In a different jurisdiction from that for the existing bakery, and the bakeries are less than 5 kilometers apart 

5. The cooking area shall be equipped with ultraviolet or electric sterilizers to sterilize kitchen utensils, or hot-water washing and sterilizing facilities (facilities that can sterilize pathogenic microorganisms that cause food poisoning, etc.). However, this shall not apply to cases where the kitchen utensils are sterilized only with germicides or disinfectants for equipment, etc.

6. The cooking area must be equipped with facilities that enable sufficient ventilation. However, this shall not apply to cases where natural ventilation is available.

7. The cooking area must be equipped with refrigeration or freezing facilities to maintain the temperature that are suitable for the preservation and distribution criteria for each food type pursuant to the standards and specifications for foods, etc.

8. The cooking area must block rodents or hygienic insect pests, such as rats cockroaches, etc. from entering.

Water supply

facilities

1. Facilities must be provided to supply tap water or underground water, etc. that meets the water quality standards of drinking water pursuant to Article 5 of the Drinking Water Management Act.

2. If underground water is to be used, the water intake source shall be positioned in a location that will not be affected by toilets, waste disposal facilities, animal farms, or other places where the groundwater may be contaminated.

Toilets

1. Toilets should be internally treated with concrete, etc. However, businesses located within stations, terminals, and amusement parks where public toilets are installed, businesses located inside buildings where public toilets are installed, or those with toilets located nearby may not require separate toilets to be installed.

2. Toilets should be installed in locations that do not affect the cooking area.

3. Flush toilets with septic tanks should be installed. However, in areas where the water and sewage facilities are not installed, non-flush toilets may be installed.

4. In cases where non-flush toilets are installed, toilet lids and ventilation facility must be provided.

5. Toilets should be equipped with hand-washing facilities.

Exemptions to communal facility standards

※ Notwithstanding the common facility standards, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (city/gun/gu) may set separate facility standards (if the cooking and sales activity of foods are conducted in a Si/province, the head of a Si/province may set such standards) in the following cases:

1. Where a restaurant is operated in a traditional market pursuant to Subparagraph 1 of Article 2 of the Special Act on the Development of Traditional Markets and Shopping Districts

2. Where a restaurant is operated at the beach, etc. on a seasonal basis

3. Where a business is operated in a resting area such as highways, roads for the exclusive use of motor vehicles, parks, amusement parks, etc.

4. Where a business is operated at a construction site

5. Where a producer’s organization acknowledged by local governments or the Minister of Agriculture, Food and Rural Affairs intends to cook and sell foods in a certain place to promote the sale and consumption of domestic agricultural, marine, and livestock products

6. Where a rest restaurant or general restaurant business is to be operated in an exhibition facility pursuant to Subparagraph 4 of Article 2 of the Act on the Development of Exhibition Industry.

7. Where a local event hosted, organized or sponsored by the head of a local government intends to engage in rest restaurant, general restaurant or bakery business

8. Where an international conference facility under Article 2-3 (Subparagraph 3) of the International Conference Industry Promotion Act intends to engage in rest restaurant, general restaurant or bakery business

9. Where a place separately designated by the Special Self-Governing City Mayor, the Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to engage in rest restaurant, general restaurant or bakery business

 

※ Where an entity for community experiential and recreational business provides food as a service incidental to an experiential and recreational program pursuant to Article 10 of the Promotion of Mutual Exchange between Cities and Agricultural or Fishing Villages Act, if a separate business facility standards have been set, such standards shall be observed.

 

※ In the following cases, separate barriers or partitions that separate or compartmentalize each establishment may not be required:

 1. Where a rest restaurant or bakery is to be operated in a department store, supermarket, etc.

 2. In cases where a rest restaurant, a general restaurant, or a bakery business is to be operated in a certain place (a food court) that specializes in cooking and selling food, if such restaurant has been recognized to pose no risk of hygienic injury

 

※ Where food manufacturing and processing business, instant food sales, manufacturing and processing business, food additives manufacturing business, food subdividing business, rest restaurant business, and general restaurant or bakery business using a shared kitchen may jointly operate without separation, partition, and division of facility by operator (subparagraph 8(a)5(d) of the Attached Table 14 of the Enforcement Rules of the Food Sanitation Act).

Facility standards for each business type
- Facilities must be installed in accordance with separate facility standards for each business type such as the rest restaurant, general restaurant, karaoke bar business, entertainment bar business, catering service business, bakery business (Article 36 of the Food Sanitation Act and Article 36 and Subparagraph 8(b) and Subparagraph 9 of attached Table 14 of the Enforcement Regulations of the Food Sanitation Act).
Sanctions for violations
- Any person who fails to meet the facility standards shall be punished by imprisonment for up to 3 years or be subject to a fine not exceeding KRW 30 million (Subparagraph 4 of Article 97 of the Food Sanitation Act).