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(영문) 서울중앙지방법원 2017.11.07 2017고정2769

의료법위반등

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a massage operation center in the name of "C" on the Seoul Special Metropolitan City Gwangjin-gu and the first underground floor, and D is a day manager of the above business establishment in charge of the management of employees and the receipt of the price.

1. No person who has violated the Medical Service Act shall open a place for massage practice or a place for massage practice without obtaining the recognition of qualifications for massage doctors;

Nevertheless, the Defendant and D, without obtaining the recognition of qualification as a massage, had 50 square meters at the above business establishment from December 16, 2016 to December 27, 2016, equipped with 7 rooms, 2 rooms, and 2 shower rooms, employed 4 employees, such as E of the mother country nationality, who did not obtain the certification of qualification as a massage, and received 50,000 won per hour from the unspecified large number of customers and let the said employees know the body of customers by taking advantage of hand and blus, blus, etc.

Accordingly, the defendant, in collusion with D, established a massage clinic without obtaining recognition of qualification as a massage theater.

2. No person who violates the Immigration Control Act shall employ any foreigner without the status of sojourn eligible for employment under the Immigration Control Act;

Nevertheless, the Defendant, from December 18, 2016 to December 27, 2016, employed E and F as a marina employee on the condition that he would pay 10% of the monthly wage of 1.6 million won per customer and 10% of the fee per customer.

Accordingly, the defendant employed a person who did not have the status of sojourn eligible for job-seeking activities in collusion with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, and D;

1. Application of a copy of business registration certificate and a copy of contract;

1. Relevant Article of the Act and the Medical Service Act concerning the selection of punishment;

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