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(영문) 춘천지방법원 강릉지원 2015.02.10 2014노561
공중위생관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal is that the defendant's store operated is designated as an urban home-booming business for foreign tourists, the court below found the defendant guilty of the facts charged in this case even though it cannot be viewed that running a accommodation business for Korean nationals violates the relevant Acts and subordinate statutes.

2. The term "public health business" means the business of providing sanitary control services to many people, which is a lodging business, public bath business, beauty and beauty business, laundry business, and sanitary control service business (Article 2 (1) 1 of the Public Health Control Act); and any person who intends to conduct a public health business shall have facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public health business and file a report thereon with the head of a Si/Gun/Gu (Article 3 (1) of the above Act): Provided, That any foreign tourist urban park business facility designated pursuant to Article 6 of the Tourism Promotion Act is excluded from lodging business prescribed by the above Act (Article 2 (1) 2 of the above Act, Article 2 (1) 4 of the Enforcement Decree of the same Act, and Article 3 (1) of the above Act, and any person who fails to file

(Article 20 (1) 1 of the above Act).

On the other hand, a person who intends to operate tourist convenience facility business under Article 3 (1) 7 of the Tourism Promotion Act may be designated by the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (Article 6 of the Tourism Promotion Act), and a foreign tourist accommodation business included in tourist convenience facility business shall be referred to as "resident accommodation business" by using detached houses or multi-family houses in which residents of urban areas (excluding rural areas and quasi-rural areas under the Rearrangement of Agricultural and Fishing Villages Act) reside and live in a residential area under subparagraph 1 of Article 6

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