공중위생관리법위반
All appeals by the Defendants are dismissed.
1. Although the summary of the grounds for appeal (misunderstanding of facts) Defendant A’s accommodation operated with the trade name “B” does not constitute “tourist accommodation business” as prescribed by the Public Health Control Act, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is a person who actually operates a multi-art accommodation in the name of “B” in Namyang-si, Namyang-si, and Defendant B is a corporation established for the purpose of operating the above multi-art accommodation.
1. A person who intends to operate a lodging business shall have the facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare and shall report it to the competent authorities;
Nevertheless, the Defendant, without filing a report on accommodation business from August 26, 2016 to March 7, 2017, installed accommodation facilities, such as beds, toilets, etc., in the above “B” to 28 seats of the building, and provided accommodation by receiving usage fees from the members who applied for the Daart program.
2. Defendant B, an operator of the Defendant Company, operated the accommodation business without reporting the accommodation business, as described in paragraph (1).
B. The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.
(c)
A thorough examination in light of the evidence duly adopted and examined by the court below's judgment and the court below's judgment, the circumstances revealed by the court below can be fully acknowledged. ① The "B" operated by Defendant A has a total of 28 guest rooms in three buildings, each guest room is completely separated and completely separated from the outside, ② The guest room is divided into one to four guest rooms, and each guest room has a bedrooms equipped with bed and bedclothes, and a separate bath and toilet is installed in the guest room.