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(영문) 서울중앙지방법원 2016.02.11 2015고정2037
공중위생관리법위반
Text

The defendant shall be innocent.

Reasons

On October 1, 2014, the Defendant is a person who operates urban home-booming business in Jung-gu Seoul, Jung-gu.

Any person who intends to run a lodging business 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 it to the head of the Si

Nevertheless, from October 1, 2014 to December 11, 2014, the Defendant, without reporting to the competent authority, provided 20 guest rooms and bathing rooms to the 2-3 floor of the above building (the 6th floor is reported to the competent authority as "foreign city private lodging business" in the 20th floor), and provided many unspecified foreign customers with accommodation and lodging for 30 to 40,000 won per one room and one million won per month.

Judgment

Article 20 (1) of the Public Health Control Act provides that "any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won," and Article 3 (1) of the same Act provides that "any person who fails to report under the former part of Article 3 (1)" shall be punished by the head of a Si/Gun/Gu (limited to the head of an autonomous Gu) with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public health business.

(hereinafter the same shall apply) shall be reported.

This provision provides that "The same shall apply to any modification to important matters prescribed by Ordinance of the Ministry of Health and Welfare."

Article 2 (1) of the same Act refers to the business of providing sanitary management services to many persons in respect of public sanitary business, which is lodging business, bath business, barber business, beauty cleaning business, laundry business, and sanitary management service.

"........"

According to the above provisions of the law, accommodation business must be a business that provides sanitary management services to many people, and in relation to the "sanitary Management Services" business under Article 2 (1) 7 of the same Act, the "public buildings, facilities, etc." are used.

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