The defendant shall be innocent.

1. The summary of the facts charged is the representative of “D” No. 302, Chungcheongnam-si, Chungcheongnam-do.

Any person who intends to engage in beauty art business shall be equipped with the facilities and equipment as prescribed by the Ordinance of the Ministry of Health and Welfare, and shall report it to

Nevertheless, from February 25, 2014 to October 2014, the Defendant was engaged in beauty business managing the skin using the luminous ray rador, which is a medical device, in D from February 25, 2014 to October 2014, and did not report to the competent authorities.

2. As to the facts charged in the instant case where the Defendant, while engaged in beauty art business, did not report as prescribed by the Public Health Control Act, the Defendant asserted that the Defendant did not violate the said Act, since the Defendant’s business does not constitute “ beauty art business”.

According to Article 2(1)5 of the Public Health Control Act, the term “ beauty art business” refers to the business of making the appearance of customers beautiful by taking good care of the faces, hair, skin, etc. of customers. Article 4(2) of the Enforcement Decree of the Public Health Control Act is a business of separating beauty art business. In particular, in the case of beauty art business related to skins, it is the business of analyzing skin condition, skin management, hair, eyebrow care without using medical appliances or medicines.

The prosecutor asserts that the defendant's business act constitutes a business business that spawns the customer's skin, and thus violates the Public Health Control Act.

However, Article 20 of the Public Health Act is a penal provision for a person who fails to report under the former part of Article 3(1) of the same Act, and Article 3(1) of the same Act requires the person to report as a type of public health business, and the type of public health business is divided according to the definition of Article 2.

In addition, Article 3 (1) of the Enforcement Rule of the above Act provides that "a person who intends to report a public health business pursuant to Article 3 (1) of the Act shall have the person submit a report in the form after being equipped with facilities meeting the standards for facilities and equipment by type of a public health business under Article 2."