Calculators & Self-ChecksProsecution Request Estimator
Running a restaurant without reporting it, or not reporting a business takeover: statutory penalty and likely requested sentence
The statutory penalty for Running a restaurant without reporting it, or not reporting a business takeover and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 3 years in prison or a fine of up to KRW 30 million
- Legal basis
- Food Sanitation Act, Articles 97(1), 37(4) and 39(3)
- Category
- Food and health · Food Sanitation Act
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Formal trial (prison sentence requested)
- Likely requested sentence
- 10 months or more in prison
Suspension of indictment possible
For a small livelihood business, a suspension of indictment is possible.
Summary fine
- Likely fine
- KRW 300,000 or more
Notes
- If the annual retail value of the food sold is KRW 50 million or more, it may be punished more heavily under the Act on Special Measures for the Control of Public Health Crimes.
Frequently asked questions
- Running a restaurant without reporting it, or not reporting a business takeover: what is the statutory penalty?
- Legal basis: Food Sanitation Act, Articles 97(1), 37(4) and 39(3). Statutory penalty: Up to 3 years in prison or a fine of up to KRW 30 million.
- Running a restaurant without reporting it, or not reporting a business takeover: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Formal trial (prison sentence requested), Suspension of indictment possible, Summary fine. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Hostess entertainment or arranging it (at ordinary restaurants, etc.)
- Selling medicines outside a pharmacy
- Selling medicines without a license
- Manufacturing or selling illicit medicines (unlicensed, etc.)
- Practicing medicine without a license
- Massage without a qualification (worker or owner)
- Running a public health business without reporting it (lodging, bathhouse, barber or beauty, laundry, etc.)
- Running a barber or beauty business without a license, lending a license, etc.
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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Send us a message about your situation. A lawyer will review it and reply.
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