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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. After graduating from a four-year university on February 25, 2005, the Plaintiff: (a) transferred to the Department of Lifelong Education in the second grade on September 3, 2018 to become a beauty artist pursuant to Article 6(1)1-2 of the Public Health Control Act; (b) on September 3, 2018, the Plaintiff: (c) 18 credits of the total of 6 subjects in the “basic skin management”; (d) hair and hair management; (e) microscopic science; (e) microscopic science; and (e) 18 credits from March 3, 2019 to June 10, 2019; and (e) the total of 2 and 6 credits from the Disinfection Act and infectious disease science; and (e) the 18 credits from the E-university’s admission to the E-university department on March 1, 2019 to the E-university’s general public health science; and (e) the 19-year public health science.
B. However, the plaintiff did not obtain the current beauty artist's license.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The Plaintiff’s assertion intends to obtain a beauty artist’s license in the future and establish a corporation and engage in beauty business through the relevant corporation. The Defendant’s administrative interpretation regarding Article 8(1) of the Public Health Control Act that only the “natural person who has obtained a barber’s license or beauty artist’s license” can open a barber’s license or beauty business or engage in such business, without justifiable grounds, violates each essential element of the Plaintiff’s future corporation’s freedom of occupation and freedom of choice of a corporation’s occupation. It does not constitute a violation of the principle of equity by discriminating against other corporations, such as the pre-use corporation, law firm, patent firm, accounting firm, brokerage corporation, etc.
Therefore, the corporation whose representative director is the person who has obtained a license for the barber's business or beauty art business shall also be the public health control law.