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Main Issues
(1) No license-free business;
Summary of Judgment
The act that the defendant prepared a facility for the use of the facility to the person who has obtained a license for the use of the facility at the Namsan Senior Complex belonging to the Korean Senior Citizens Association of the Republic of Korea, in which he/she is in general in charge, by means of a plan for raising the security of the center for senior citizens, is an act of using the facility by the person
[Reference Provisions]
Article 5 of the Private Use and Private Use Act
Escopics
Defendant
upper and high-ranking persons
Prosecutor
original decision
Seoul Criminal Court Decision 80No7513 delivered on March 11, 1981
Text
The appeal is dismissed.
Reasons
We examine the prosecutor's grounds of appeal.
The purpose of the Act is to interpret that a person who has not obtained a license for a barber or beauty artist intends to contribute to the improvement of national health by prohibiting the person from running the business of using or beauty art business. The court below determined by the court below. The defendant is not purporting to prohibit the person who has obtained a license for a barber from leasing the facilities to the person who has obtained a license for a barber by installing the facilities for using the facilities in accordance with a plan for raising the expenses for senior citizens' center at the Southern Gyeongsan Labor Complex belonging to the department of the senior citizens' association, which belongs to the department of the senior citizens' association, and therefore, it is reasonable at the time of the original adjudication that the person cannot be deemed to have engaged in the business of using the facilities, and it cannot be said that there is no reason to argue.
Therefore, the appeal by the prosecutor of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)