All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) An act does not constitute an act of friendship in which only visual persons with disabilities can be seen under the current law, which is conducted by Defendant A.

However, the lower court erred by misapprehending the fact that the lower court found Defendant A guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) Defendant B was guilty of this part of the facts charged against Defendant B even though Defendant B merely engaged in an cosmeticing act as a holder of a certificate of beauty artist and did not engage in an act falling under the massage under the Medical Service Act, the lower court erred and adversely affected the conclusion of the judgment.

B. Although Article 82(1) and (3) of the Medical Service Act, which misunderstanding the legal principles, i.e., takes exclusive charge of the business of the disabled, violates the Constitution by infringing on the freedom of occupation and the right to pursue happiness, etc. of the disabled, the lower court erred by misapprehending the legal principles on the Medical Service Act, which found the Defendants guilty of the facts charged in the instant case against the Defendants, thereby adversely affecting the conclusion of the judgment.

(c)

The punishment sentenced by the lower court against the Defendants (Defendant A: a fine of KRW 1.5 million, Defendant B:80,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, Article 82 of the Medical Service Act of Defendant A provides that, as a visual disabled person under the Act on the Welfare of Persons with Disabilities, the competent Mayor/Do Governor shall be recognized as qualified (Article 1). Notwithstanding Article 27, a massage club recognized as qualified may engage in massage business (Article 27) and matters concerning the limit of duties of a massage company shall be prescribed by Ordinance of Ministry of Health and Welfare (Article 4). Article 88 of the Medical Service Act provides that a person who performs massage for profit without obtaining the recognition of qualification of a massage company shall be punished.

Pursuant to Article 82(4) of the Korean Medical Service Act, Article 2 of the Rules on Marine's Work is limited.