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(영문) 의정부지방법원 고양지원 2017.10.26 2017고정881

공중위생관리법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

The Defendant is a person who actually operates a multi-art dormitory in the name of “B” in Namyang-si, and the Defendant Company B is a corporation established for the purpose of operating the above multi-art dormitory.

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).

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police against D;

1. Accusation against business conduct of an unreported lodging business, a written accusation, a written accusation, and a written statement of E;

1. On-site photographs (limited to the public sanitary control (hereinafter referred to as the "Act") aim at improving the level of hygiene by prescribing matters concerning the sanitation management, etc. of businesses and facilities used by the public (Article 1 of the Act); and "public sanitary business" means the business of providing sanitary control services to many people, such as accommodation, etc.; and " lodging business" means the business of providing such services as facilities and equipment so that customers can sleep and stay in a locked area: Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree, such as private houses located in agricultural and fishing villages (Article 2 (1) 1 and 2 of the Act). ① Facilities excluded from the lodging business prescribed in the Enforcement Decree of the Public Sanitary Control Act (1) of the Public Health Control Act, and (2) forestry and recreation.