All appeals are dismissed.

1. As to the ground of appeal No. 1, the identity of the facts charged is maintained if the same social factual relations, which serve as the basis of the facts, are the same in basic terms. However, when determining the identity of such basic factual relations, the Defendant’s act and the social factual relations should be based in mind, and the normative elements should also be taken into account.

(See Supreme Court Decision 98Do1438 Decided May 14, 199). According to such legal doctrine, the facts charged that a massage clinic was established even if it is not a massage club, and the facts charged that a massage clinic was performed for profit without obtaining certification of qualifications as a massage club cannot be deemed to be identical (see Supreme Court Decision 2010Do18091, May 26, 201). As alleged in the grounds of appeal, the facts charged against the crime that a defendant A established a massage clinic even if it is not a massage club, the res judicata effect of the previous final and conclusive judgment convicting him/her of having established it for profit-making purposes does not extend to the facts charged against the defendant A.

In the same purport, the lower court’s decision that the res judicata of the previous final and conclusive judgment does not extend to the facts charged in this case against Defendant A, based on the premise that the res judicata of the previous final and conclusive judgment does not extend to the facts charged in this case, did not err by misapprehending the legal doctrine

2. As to the ground of appeal No. 2, Article 82 (1) of the Medical Service Act providing that the Supreme Court and the Constitutional Court allow non-disabled persons to be recognized as qualified as a inseminator only cannot be deemed as discrimination against the principle of proportionality compared to the visually impaired persons, and it cannot be deemed as excessively infringing on the freedom of non-disabled persons to choose their occupation or restricting the right to pursue happiness of consumers.