The relation between the act of running a singing practice room without being registered in the school environmental sanitation and cleanup zone.

A single act of running a singing practice room in the school environmental sanitation and cleanup zone is in the relationship of commercial concurrence which meets the requirements for the composition of each crime under the School Health Act with the former Sound Records, Video Products and Game Products Act (repealed by Article 3 of the Addenda to the Promotion of Motion Pictures and Video Products Act (Act No. 7943 of Apr. 28, 2006).

Article 27 (1) (see current Article 18 (1) of the Music Industry Promotion Act) and Article 50 subparagraph 2 (see current Article 34 (3) 1 of the Music Industry Promotion Act), Article 6 (1) 15 and Article 19 of the School Health Act, Article 4-2 subparagraph 5 of the Enforcement Decree of the School Health Act

Supreme Court en banc Decision 98Do3665 delivered on November 16, 2000 (Gong2001Sang, 100) Supreme Court Decision 2001Do4172 Delivered on September 28, 2001

Defendant

Prosecutor

Busan District Court Decision 2006No3143 Decided March 30, 2007

The appeal is dismissed.

We examine the grounds of appeal.

According to the records, the facts charged of the violation of the former Sound Records, Video Products and Game Software Act (amended by Act No. 7943 of Apr. 28, 2006) are the facts that "the defendant runs a singing practice room business without registering the singing practice room business to the competent authority from Dec. 7, 2005 to Mar. 28, 2006." The defendant was notified of summary order on Oct. 9, 2006 to the violation of the School Health Act, and the summary order became final before the pronouncement of the judgment of the court below. The facts charged constitute a violation of the law of this case, such as running a singing practice room business within the school environmental sanitation cleanup zone from Dec. 21, 2005 to Sept. 21, 2006 (referring to a singing practice room business as stated in the facts charged of this case), and there is no error in the misapprehension of the legal principles as to the facts charged of this case's act of running a singing practice room within the school sanitation cleanup zone."

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-dam (Presiding Justice)