학교보건법위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Even though the business license and business registration are both the Defendant’s wife, it is unreasonable to punish the business owner solely on the ground that the business owner’s husband is his husband.
B. It is unreasonable to punish the instant crime on the ground that he/she was running a business even though he/she did not run a business in the entertainment tavern at the time of detection of the instant crime.
C. It is unreasonable to punish the Defendant without considering such circumstances as the Defendant’s first permission to conduct business and subsequently violated the School Health Act by entering a kindergarten.
2. Determination
A. Article 6(1) of the School Health Act provides that any person shall not engage in any act, such as entertainment tavern business, in a school environmental sanitation and cleanup zone, and Article 19 of the same Act provides that any person who has committed an act, or facilities prohibited in the school environmental sanitation and cleanup zone shall be punished, in violation of Article 6(1).
The phrase prohibited by the above statutory provisions should be interpreted as “for doing business at each facility listed in Article 6(1) of the same Act” (see Supreme Court Decision 98Do3665, Nov. 16, 2000). Therefore, it is reasonable to view that a person who actually conducts business, regardless of whose name the report on authorization, permission, registration, etc. required under the administrative laws was made, is subject to punishment under the above Act.
However, the Defendant stated at an investigative agency that “(the instant entertainment bars are in the name of his wife, but the said entertainment bars are in the actual operator)” and stated that the person who actually runs a business at the instant entertainment establishment was not the wife C but the Defendant himself, and the Defendant’s wife C, who is his business operator, operated the instant entertainment establishment in the school environmental sanitation and cleanup zone around March 201.