The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the absence of reporting to the competent authorities under the Public Sanitary Control Act, since a business establishment operated by the Defendant by misunderstanding the facts or misapprehension of the legal doctrine is not a lodging establishment under the Public Sanitary Control Act, it is not a institute for public sanitary management. The lower court erred by misapprehending the legal doctrine, thereby finding the Defendant guilty of the

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. (1) As to the assertion of misunderstanding of facts or misapprehension of legal principles, Article 3(1) of the Public Health Control Act provides that a person who intends to conduct a public sanitary business shall be equipped with facilities and equipment prescribed by 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).

"........"

According to Article 2 (1) 1 of the Korea Public Sanitary Control Act, “The business of providing sanitary management services to many people” means the business of providing accommodation, bath, barber, beauty and beauty laundry, and sanitary management services. According to Article 2 (1) 2 of the Korea Public Sanitary Control Act, “the business of providing accommodation service” means the business of providing such services as facilities and equipment so that customers can sleep and stay.

In a systematic and comprehensive interpretation of the foregoing provision, a person who runs such business shall report to the competent authority pursuant to Article 3(1) of the Public Health Control Act, and the continuous and repeated provision of services, such as facilities and equipment, which make customers able to sleep and stay for profit, constitutes a lodging business under Article 2(1)2 of the Act (see Supreme Court Decision 2013Do7947, Dec. 12, 2013). (2) The instant case returned to the instant case and the health class, and the lower court duly adopted.