The appeal is dismissed.

The grounds of appeal are examined.

1. Article 3 (1) of the Public Health Control Act (hereinafter referred to as "the head of a Si/Gun/Gu") shall be equipped with facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare for each type of public sanitary business and shall report to the head of a Si/Gun/Gu (limited to the head of an autonomous Gu

Article 20(1)1 provides that “A person who fails to report under the former part of Article 3(1) shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won.”

provide that “.....”

In addition, Article 4 subparagraph 2(b) of the Enforcement Decree of the Public Sanitary Control Act provides that " Beauty art business (b)" shall be construed as "business of performing the eyebrow care care for skin analysis who does not use a medical device or drug." Article 4 (7) of the Public Health Control Act, Article 7 and [Attachment 4] of the Enforcement Rule of the Public Health Control Act, Article 7 of the Enforcement Rule of the Public Health Control Act [Attachment 4], subparagraph 4(b) of the "Sanitary Control Standards, etc. to be observed by a sanitary business operator during the public," shall not use medicines under the Pharmaceutical Affairs Act or medical appliances under the Medical Devices Act for cosmetic.

Article 20 (2) 3 of the Public Health Control Act provides that "A person who fails to observe the matters to be observed by a public sanitary business operator for a sound business order in violation of Article 4 (7) shall be punished by imprisonment for not more than six months or by a fine not exceeding five million won.

provide that “.....”

In full view of the aforementioned statutory provisions and purport, beauty and beauty business using a medical device is prohibited under the Public Health Control Act, and Article 4 subparagraph 2(b) of the Enforcement Decree of the Public Health Control Act provides for the scope of lawful beauty and beauty business permissible under the Public Health Control Act.

In addition, the crime of violation of Article 20 (1) 1 of the Public Sanitary Management Act is not only a case where a legitimate report of beauty art business is allowed but also a case where a legitimate report of beauty art business is not made, but also a case where a legitimate report of beauty art business is not satisfied.