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A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. No person, other than a massage club accredited to the Mayor/Do Governor for a violation of the Medical Service Act due to the establishment of a massage practice establishment, shall open a massage practice establishment;
Nevertheless, the Defendant, while having not been recognized as a massage, established 6 massage rooms equipped with a massage boat in Yangcheon-gu Seoul Metropolitan Government B and C from April 1, 2020 to December 21, 2020, and employed 5 foreign-D, etc. of the mother nationality of the motherland, who was not recognized as a massage, as an employee, established a massage clinic by means of having the said employee take charge of the transfer of the customer by hand or force pressure on the part of the customer, etc.
2. No person who violates the Medical Service Act by acting as a massage for profit shall be allowed to massage for profit without obtaining a qualification as a massage technician;
Nevertheless, from April 9, 2020 to February 21, 2020 of the same month, the Defendant committed an act of massage for profit-making purposes, such as taking care of and pressureing telegraphs by receiving approximately KRW 30,00 won per hour from many unspecified customers, who were employed by the Defendant at the “C” marina business establishment, as indicated in paragraph (1), without being recognized as being an employee of the Defendant as a massage.
3. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment as prescribed by the Enforcement Decree of the Immigration Control Act, and no person shall employ any foreigner having no status of sojourn eligible for employment.
Nevertheless, the Defendant, from April 9, 2020 to April 21, 2020, employed a foreigner of the nationality of Thailand who does not have the status of sojourn eligible for employment at the “C” marina business establishment in the operation of the Defendant as indicated in paragraph (1) as an employee and entered in the list of crimes in the attached list.