The defendant shall be innocent.

1. A person who intends to engage in entertainment entertainment business in the summary of the facts charged shall undergo a medical examination of sexual intercourses, such as reading and HIV;

At around 22:20 on March 25, 2019, the Defendant provided entertainment to customers as entertainment workers in entertainment taverns described in paragraph (1) without undergoing a medical examination for sexual intercourse.

2. The prosecutor charged the Defendant with regard to the foregoing facts charged by applying Article 80 Subparag. 4 of the former Infectious Disease Control and Prevention Act (amended by Act No. 15534, Mar. 27, 2018; January 1, 2020 of the date of enforcement).

Article 45(1) of the Infectious Disease Control and Prevention Act (hereinafter “ Infectious Disease Control and Prevention Act”) provides that “A patient with infectious diseases, etc. shall not be engaged in any occupation that has many days of contact with the general public due to the nature of his/her duties, and no person shall employ any patient with infectious diseases, etc. in such occupation, as prescribed by Ordinance of the Ministry of Health and Welfare.” Article 45(2) provides that “When a person who is obliged to undergo a medical examination for sexually transmitted infectious diseases under Article 19 fails to undergo the medical examination, he/she shall not be engaged in any occupation under the same Article, and no person who conducts the relevant business shall allow any person who fails

Article 80(4) of the penal provisions on this issue provides that "any person who has engaged in a job which is highly contacted with the general public in violation of Article 45 or who has employed patients with infectious diseases, etc. in such a job shall be punished by a fine not exceeding three million won." Article 81(9) provides that "any person who, in violation of Article 45(2), allows a person who has not undergone a medical examination for sexually transmitted infectious diseases to engage in business, in violation of Article 45(2) shall be punished by a fine not exceeding two million

Article 33 of the Enforcement Rule of the Infectious Disease Prevention Act (Ordinance of the Ministry of Health and Welfare No. 32) provides that “patients with infectious diseases, etc.” shall be “patients with infectious diseases 1 infectious diseases, etc.” upon delegation of Article 45(1).