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(영문) 수원지방법원 안양지원 2019.05.28 2019고정159
감염병의예방및관리에관한법률위반
Text

Defendant

C shall be punished by a fine of KRW 1,000,000.

Defendant

C If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Defendant

C Around October 21, 2018, as a person who operates an entertainment drinking house under the trade name of “E” on the first floor of the militaryposi-si D D, and was engaged in the business of running a entertainment drinking house, such as employing A and B, who did not undergo a medical examination for sexually transmitted infectious diseases at the above main point, as an entertainment receptionist, and allowing them to provide entertainment to customers.

Summary of Evidence

1. Defendant's legal statement;

1. A or B suspect examination protocol of the police officer;

1. Application of Acts and subordinate statutes to a copy of a business license certificate and an employee list;

1. Subparagraph 9 of Article 81 and Article 45 (2) of the Infectious Disease Control and Prevention Act against Criminal Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged was around October 21, 2018, Defendant A and B served as entertainment reception reception workers, without undergoing a medical examination for sexually transmitted infectious diseases, on the E entertainment tavern on the first floor D in Mapo-si, Mapo-si, Mapo-si, and without undergoing a medical examination for sexually transmitted infectious diseases.

2. The prosecutor charged Defendant A and B with regard to the above charged facts by applying Article 80 Subparag. 4 of the Infectious Disease Control and Prevention Act.

Article 45(1) of the Infectious Disease Control and Prevention Act (hereinafter “ Infectious Disease Control and Prevention Act”) provides that “A patient with infectious diseases, etc. shall not be engaged in any occupation that has many days of contact with the general public due to the nature of his/her duties, and no person shall employ any patient with infectious diseases, etc. in such occupation, as prescribed by Ordinance of the Ministry of Health and Welfare.” Article 45(2) provides that “When a person who is obliged to undergo a medical examination for sexually transmitted infectious diseases under Article 19 fails to undergo the medical examination, he/she shall not be engaged in any occupation under the same Article, and no person who conducts the relevant business shall allow any person who fails

Article 80 (4) of the penal provisions concerning this is "in contact with the general public in violation of Article 45."

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