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(영문) 인천지방법원 부천지원 2021.03.10 2020고단1363
의료법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is the owner of the business operated by the Defendant in Bucheon-si B, B, and D is the foreigner of Thailand nationality who works for the massage and marina branch in the foregoing business establishment, even though he/she was not entitled to be an internal marina, from September 14, 2019 to November 5, 2019, and from September 12, 2019 to September 12, 2019, after entering the Republic of Korea as a tourism visa, from October 2019 to November 5, 2019, although he/she was not entitled to be an internal marina and marina branch in the said business establishment.

1. No person who violates the Medical Service Act shall open a massage place unless he/she is a massage doctor;

Nevertheless, from Jun. 2019 to Nov. 5, 2019, the Defendant installed 10 massage rooms in B-7 from Jun. 2019 to Nov. 5, 2019, and received 10 money from many unspecified customers. The Defendant, who is not qualified to be a massage club, had Da and E go on the arms, legs, etc. of the said customers and take the place in the manner of taking care of her hand.

As a result, the Defendant established a massage place without being qualified as a massage.

2. No person who violates the Immigration Control Act shall employ any foreigner having no status of sojourn eligible for employment activities;

Nevertheless, the defendant employed D and E as the head office of the above business establishment, respectively, who did not have the status of stay for job-seeking activities after entering Korea as a tourism visa as above.

Summary of Evidence

1. The application of the defendant's legal statement D, the protocol of seizure of each police suspect interrogation protocol of the defendant regarding E, the list of seizure and reporting (verification of suspect D illegal aliens), the investigation report (persons subject to compulsory departure from the Republic of Korea to confirm the status of suspect E), and the Acts and subordinate statutes governing the status of entry

1. Article 87(2)2, Article 82(3), and Article 33(2)1 of the former Medical Service Act (amended by Act No. 16555, Aug. 27, 2019); Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act (amended by Act No. 16555, Aug. 27, 2019) regarding criminal facts (including the establishment of an unqualified place of practice); and Article 33(2)9 of the Immigration Control Act.

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