All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal: (a) the Defendants are not for profit-making purposes; and (b) the act of massage conducted by employees under the direction and supervision of the Defendants, who are herb doctors, does not constitute a massage act subject to punishment under Articles 88 and 82(1)

② Even if the Defendants’ act falls under the elements of a violation of the Medical Service Act, the physical therapy, such as massage, is widely administered at most of one Council members. Therefore, the illegality of the Defendants’ act as a justifiable party with social reasonableness is excluded, or the act of massage in this case is believed not to constitute a crime, and thus, the Defendants’ act constitutes a mistake in the inclusion of facts, and thus, the responsibility should be dismissed.

2. Determination

A. Article 82 of the Medical Service Act provides that a person who intends to be a inseminator shall obtain the recognition of qualification from the Mayor/Do Governor (paragraph (1)), and Article 27 shall be engaged in massage business (paragraph (2) and the recognition of his/her qualification, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare (paragraph (4)). Article 88 provides that a person who performs massage for profit without obtaining the recognition of his/her massage under Article 82(1) shall be punished for a person who performs massage for profit without obtaining the recognition of his/her qualification under Article 82(1). The massage provided for in Article 82(1) of the Medical Service Act provides that “The inside shall not be limited to any act that causes harm to public health and sanitation by taking charge of the body with his/her hand or special apparatus for the purpose of improving citizens’ health, such as taking charge of, taking charge of, melting, cutting off, cutting off, etc. the body, using electrical appliances, and physical therapy to the human body by doing so.”

In addition, "for-profit" under Article 88 of the Medical Service Act is intended to obtain economic benefits.