A. According to the relevant provisions of the Public Sanitary Control Act by misunderstanding the facts or misunderstanding the legal principles, if a guest room provided does not actually provide sanitary management services, it shall be deemed that it does not constitute a lodging business required to be reported pursuant to the Public Sanitary Control Act, and the Defendant provided sanitary management services, such as cleaning or in-house exchange, etc., in a re-place, and the Defendant provided a guest room without reporting.

Even if it violates the Public Health Control Act

subsection (b) of this section.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. (1) A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.

Article 3(1) of the same Act provides that "A person who fails to make a report under the former part of Article 3(1) shall be defined as "A," and Article 3(1) of the same Act provides that a person who intends to conduct a sanitary business in the public sector shall have facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public sanitary business and shall be the head of a Si/Gun/Gu (limited to the head of an autonomous Gu).

(hereinafter the same shall apply) shall be reported.

The same shall apply to any modification to important matters prescribed by Ordinance of the Ministry of Health and Welfare.

provide that “.....”

The purpose of Article 1 of the same Act is to contribute to the improvement of national health by prescribing matters concerning business and sanitary control, etc. of facilities used by the public.

“The sanitary business” under Article 2(1)1 of the same Act means the business of providing sanitary management services to many people, which is a lodging business, bath business, barber business, beauty and beauty laundry business, and sanitary management service.

“A lodging business” and Subparag. 2 of the same paragraph shall be construed as “a lodging business.”