[공중위생법위반][공1994.12.15.(982),3307]
(a) Whether the machine, which did not undergo the inspection under Article 12-2 of the former Public Health Act, was manufactured in violation of the Acts and subordinate statutes stipulated in Article 12 (2) 3 (b) of the same Act;
(b) Whether the product without permission, which passed an inspection, was manufactured in violation of Acts and subordinate statutes;
A. In light of the purport of Articles 42(2)4, 12(2)3(b), and 12-2 of the former Public Health Act (amended by Act No. 4636 of Dec. 27, 1993), the machine or its machine board manufactured without undergoing the inspection stipulated in Article 12-2 of the same Act shall be deemed to have been manufactured in violation of the Acts and subordinate statutes stipulated in Article 12(2)3(b) of the same Act.
B. According to the method of inspection stipulated in Article 15-3(2) of the Enforcement Rule of the Public Health Act, the program of the electronic amusement machine and the standards of the mechanical amusement machine (No. 89-50 of the Ministry of Health and Welfare notice), etc. of the electronic amusement machine established accordingly, only the machine with the certificate of inspection affixed, after issuance of a certificate of inspection when a successful determination is made on the machine applied for inspection. Thus, even if the machine board of a certain electronic amusement machine passed an inspection, its reproduction manufactured with the same content shall be deemed to have been manufactured in violation of the laws and regulations, unless it was inspected separately.
(a) (b) Articles 12-2, 42(2)4, and 12(2)3(b) of the former Public Health Act (amended by Act No. 4636 of Dec. 27, 1993); Article 15-3(2) of the Enforcement Rule of the Public Health Act
Defendant
Defendant
Seoul Criminal Court Decision 93No1148 delivered on July 5, 1994
The appeal is dismissed.
We examine the grounds of appeal.
Articles 42(2)4 and 12(2)3(b) of the Public Health Act (amended by Act No. 4636, Dec. 27, 1993; hereinafter the same) provide that a person who intends to manufacture or import any machine or machine, or machine, prescribed by the Presidential Decree, shall be subject to an inspection by the Minister of Health and Welfare as prescribed by the Ordinance of the Ministry of Health and Welfare with respect to such machine or machine, or machine, which is manufactured without undergoing an inspection prescribed in Article 12-2 of the Act, shall be subject to an inspection by the Minister of Health and Welfare in accordance with Article 12(2)3(b) of the Act. According to Article 15-3(2) of the Enforcement Rule of the same Act, the person who intends to use the machine or machine, which is manufactured in violation of the Act and subordinate statutes, shall be deemed to have passed an inspection in violation of the Act and subordinate statutes, and Article 12-2 of the Act provides that the person who intends to manufacture or import the machine or machine shall be subject to an inspection.
In this regard, the decision of the court below is justified in taking measures against the defendant's act of using the machine board of an illegally reproduced electronic amusement machine as a violation of the Public Health Act, and there is no error in the misapprehension of legal principles as pointed out in the theory of lawsuit, which misleads the law, application of law, or violation of the principle
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Ahn Yong-sik (Presiding Justice)