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(영문) 서울중앙지방법원 2018.08.14 2018고정625
의료법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged did not obtain the recognition of qualification as a massage club from the competent authority, and had four rooms with the trade name of “C” from around December 23, 2010 to around 00:00 on December 20, 2017, including four rooms with a size of 50 square meters from the Dongjak-gu Seoul Metropolitan Government B and the second floor, one small wave, one toilet, etc., and had an unspecified number of customers who found at the same place without the qualification as a massage, to perform the surgery without a license.

2. The defendant and his defense counsel asserted that the defendant did not constitute a violation of the Medical Service Act, since the defendant did not know at the time and place specified in the above facts charged, but did so by spreading and breaking the Roman.

Article 88 of the Medical Service Act provides that a person who performs massage activities for profit without obtaining the recognition of qualification as a massage operator under Article 82(1) of the same Act shall be punished. Meanwhile, Article 2 of the Rules on Marinasia under Article 82(4) of the Medical Service Act provides that a person who performs physical therapy to a human body by using various cateral methods, such as massage, math or pressure, or by using an electrical device, etc., or by other self-cateral methods. Article 3 of the Rules provides that a person who can be recognized as a massage doctor's qualification shall be limited to a person who blind, regardless of his/her name, such as massage, mathy, and dynatension, shall be deemed to have been punished. Article 2 of the Rules on Marinasia shall be deemed to have provided 50 percent of the symptoms of his/her body, such as mathy, skin, skin, etc., or to have provided 40 percent of his/her blood cycle by the court.

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