beta
(영문) 대법원 2017.05.30 2017두34087

숙박업영업신고증교부의무 부작위위법확인

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 3 (1) of the Public Health Control Act (hereinafter referred to as the "Act") provides that "a person who intends to run a public health business shall have facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare for each type of the public health business and report it to the head of Si/Gun/Gu (limited to an autonomous Gu; hereinafter the same shall apply). The same shall apply to a case where he intends to change important matters prescribed by the Ordinance of the Ministry of Health and Welfare." Article 2 (1) provides that "a public health business" means a business that provides services, such as facilities and equipment, so that customers may sleep and stay (main sentence of subparagraph 2)" and Article 4 provides that

The Ministry of Health and Welfare delegates matters to be observed by business operators in order to maintain sound business order, such as (Paragraph 1) and its sanitary control standards, while managing business-related facilities and equipment in a sanitary and safe manner to prevent occurrence of persons.

(7) Accordingly, Article 2 [Attachment 1] of the Enforcement Rule of the Public Health Control Act (hereinafter “Enforcement Rule”) provides that “The head of a public health business shall be independent place or separate from facilities and equipment used for any purpose other than a public health business” in the standards for facilities and equipment for each type of a public health business (Ⅰ. General Standards), Article 7 [Attachment 4] provides that “The sanitary control standards, etc. to be observed by a public health business operator shall be pursuant to the accommodation standards, etc. [1.(a)(1)] of accommodation obligations to disinfect accommodation facilities, corridors, stairs, etc. according to the accommodation accommodation of a lodging business operator,” and the lighting standard [1.a.(c)(3)] of guest rooms, guest rooms, and street facilities [1.3].”