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(영문) 부산지방법원 동부지원 2014.11.27 2014고정922
공중위생관리법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A is the person in charge of the management of public bath called “E Sspamb”, which is an ancillary facility to the hotel “B” in Busan Shipping Daegu D.

A public bath business operator who is a public health business operator shall manage the drinking water inside a public bath to meet the standards for the water quality of drinking water.

Nevertheless, at around 14:20 on February 15, 2014, the Defendant was found to detect a general safU/mL (150CFU/mL) exceeding the standard values (100CFU/L) from water of water purifiers installed in the public bath on February 15, 2014, and the Defendant did not observe the matters to be observed by the public health business entity.

2. Defendant B is a corporation established for hotel business, public bath business, etc. of the above hotelB.

The Defendant, at the same time and place as referred to in the preceding paragraph, violated A, who is an employee of the Defendant, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Report on investigation (report on the result of control);

1. Requests for the inspection of drinking water and bathing water in tourist hotels;

1. A certificate of collection;

1. A written request for inspection and a written acceptance of products;

1. A forest to know the results of water quality testing;

1. Application of statutes to a copy of a business report;

1. Defendant A of the relevant criminal facts: Articles 20 (2) 3 and 4 (7) (Selection of Fines) of the Public Health Control Act (Selection of Punishment): Articles 21, 20 (2) 3 and 4 (7) of the Public Health Control Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged Defendants’ violation of the water quality standard of drinking water is only subject to a fine for negligence under Article 22 of the Public Health Control Act, and the imposition of a fine even though it is not subject to criminal punishment under Article 20 of the Public Health Control Act is against the principle

2. Article 20(2)3 of the Public Health Control Act for the purpose of sound business order in contravention of Article 4(7).

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