All of the appeals by prosecutors are dismissed.

1. Article 80 subparag. 4 of the Infectious Disease Control and Prevention Act (hereinafter “ Infectious Disease Prevention Act”) provides that both persons falling under Article 45(1) and “persons engaged in occupation under Article 19 without undergoing health examinations despite having undergone health examinations on sexually transmitted infectious diseases under Article 19” under Article 45(2), the lower court erred by misapprehending the legal doctrine in determining that the latter does not fall under the scope of punishment under Article 80 subparag. 4 of the Infectious Disease Control and Prevention Act.

2. In addition, considering the following points, the identity of Article 80 subparag. 4 and Article 45(1) of the Infectious Disease Prevention Act, and Article 81 subparag. 9 of the same Act, only those who allow a person who did not undergo a health examination to engage in business, among those who violated Article 45(2) of the same Act, shall be subject to the punishment under Article 80 subparag. 4 of the same Act, and the court below’s interpretation that only a violation under Article 80 subparag. 4 of the Infectious Disease Prevention Act is just, and the prosecutor’s assertion is without merit.

A person subject to punishment under Article 80 subparagraph 4 of the Infectious Disease Prevention Act shall be a person who has engaged in "a job that has many contacts with the general public" in violation of Article 45, or a person who employs an infectious disease patient, etc.

Meanwhile, Article 45(2) of the Infectious Disease Prevention Act provides that if a person who is required to undergo a medical examination for sexually transmitted infectious diseases under Article 19 fails to undergo the medical examination, he/she may not be engaged in “the occupation under Article 19 (Article 19).” The occupation is “the occupation prescribed by the Ordinance of the Ministry of Health and Welfare as an occupation that requires the medical examination of employees for the prevention of sexually transmitted infectious diseases.”

According to Article 3 of the Regulations on Health Examination for Infectious Diseases and Acquired Immun Diseases (Ordinance of the Ministry of Health and Welfare No. 185) and the attached Table of the Rules, occupation provided for in Article 19 of the Infectious Disease Prevention Act is ① Juvenile Protection Act.