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(영문) 창원지방법원 통영지원 2018.11.19 2018고정287

공중위생관리법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to conduct public sanitary business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public sanitary business and shall report to the head of a Si/Gun/Gu.

Nevertheless, from March 2, 2017 to March 22, 2018, the Defendant had three buildings with the trade name “Cpentine” in Gyeongnam-si, Gyeongnam-si, and had two guest rooms in 1, 2, and 3 guest rooms in 2, and had two guest rooms in 2, 2, and 3 guest rooms at 1,000 on 65,000 for an unspecified guest.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusations or accusationss by the non-reported and lodging business operators;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report filed by a rural bed and gambling business operator, resident registration card, entire certificate to be registered, and the current status of reporting rural bed;

1. Article 20 (1) 1 and Article 3 (1) of the Public Health Control Act (Optional to Penalty) of the relevant Act and Articles 20 (1) 1 and 3 of the Public Health Control Act (Optional to Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant asserts that Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant is not subject to the Public Sanitation Act since he/she operated his/her business after reporting as a rural gambling business operator under the Non-Act on the Settlement of Agricultural and Fishing Villages.]

The defendant's assertion is not accepted for the following reasons.

(a) Article 2(1)2 of the Public Health Control Act refers to a business that provides services, such as facilities and equipment, so as to make customers able to sleep and stay;

Provided, That this shall not apply to private houses located in agricultural and fishing villages and other cases prescribed by Presidential Decree.

Article 2(1)1 of the Enforcement Decree of the Public Health Control Act provides that “facilities for rural bed and rural private gambling business under the Non-Act on the Maintenance and Improvement of Agricultural and Fishing Villages” shall be one of the facilities excluded from lodging business under the said proviso.

On the other hand, Article 2, subparagraph 16 (d) of the Agricultural and Fishing Villages Development Act is related to farming and fishing villages.