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(영문) 인천지방법원 부천지원 2018.12.06 2018고단2589
의료법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who has operated a may procedure in the name of “C” in the Hocheon-si Btel 403B, 404B, 405A heading room.

1. No person who violates the Medical Service Act shall establish a massage place or massage place unless he/she has obtained qualification recognition from the Mayor/Do Governor, among persons with visual disabilities under the Welfare of Persons with Disabilities Act;

Nevertheless, the Defendant, without obtaining the recognition from the Mayor/Do Governor as a massage club qualification, employed female women from around October 6, 2015 to May 25, 2018 at the above business establishment, and opened and operated a massage clinic by taking charge of massage, such as taking charge of, or taking a part in, customers’ legs, booms, etc., in return for the hire of 30,000 to July 25, 2018.

2. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any foreigner who has no status of sojourn eligible for employment activities, as prescribed by Presidential Decree;

Nevertheless, from January 2018 to May 25, 2018, the Defendant employed D (F, E. birth), Thailand F (F, G.), Thailand H (W, I.P.), Thailand J (W, K. C, Thailand), and Thailand L (M.) by providing accommodation and pay KRW 1,30,000 per month.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning J, L, H, F, and D;

1. Certification of the current status of place of business, information on foreigners staying in a short term, on-site pictures, or on-site licenses for officetels lease;

1. Nos. 1, 2, and 3 of evidence, seizure records, and seizure list legislation shall apply.

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