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(영문) 대법원 2004. 1. 27. 선고 2000도2977 판결

[의료법위반][공2004.3.1.(197),409]

Main Issues

The case holding that the act of administering sports massage by a person who has obtained a certificate of qualification for a sports massage office is an act of massage without recognition as a massager prohibited under the Medical Service Act.

Summary of Judgment

The case holding that the act of administering sports massage by a person who has obtained a certificate of qualification for a sports massage office is an act of massage without recognition of a Marine prohibited under the Medical Service Act.

[Reference Provisions]

Articles 61 and 67 of the former Medical Service Act (amended by Act No. 5865 of Feb. 8, 199), Articles 2 and 3(1) of the Rules on Madices

Reference Cases

Supreme Court Decision 2001Do1568 Decided June 1, 2001 (Gong2001Ha, 1562) Constitutional Court Decision 2002HunGa16 Decided June 26, 2003 (HunGong82, 548)

Defendant

Defendant

Appellant

Defendant

Judgment of the lower court

Seoul District Court Decision 2000No2256 delivered on June 14, 2000

Text

The appeal is dismissed.

Reasons

The court below found, based on its adopted evidence, that the defendant was engaged in the so-called sports massage shop business for which the defendant was not accredited by the competent government office on May 11, 199 to July 27, 199, by installing three rooms of 16 size from the second to the 16th floor of the road in Gangdong-gu Seoul Metropolitan Government, with a charge from many unspecified customers, and by using a strict finger and a finger floor, the defendant was engaged in the sports massage shop business so that he can grow up by cutting off the fright or cutting down the fright of customers by using the frighter and fright, and determined that the defendant's act was limited to the frighter's business under Article 2 of the Madow Regulations, and that the defendant's act was not allowed to obtain the qualification of frighter's business operator under the former Medical Service Act or the former Medical Service Act, and thus, it is sufficient to view that the defendant's act was not allowed to obtain the qualification of fright, and thus, it is not allowed to be allowed to 98.

In light of the records and relevant provisions, the above recognition and judgment of the court below are acceptable, and there is no error of law in the misapprehension of legal principles as to massage business under the Medical Service Act as alleged in the ground of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Hyun-chul (Presiding Justice)