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(영문) 인천지방법원 부천지원 2018.12.14 2018고단2701
감염병의예방및관리에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who operates an entertainment shop business shall not have a person who fails to undergo a medical examination for sexual infectious diseases, be engaged in such business.

Defendant

A around July 13, 2018, as a person operating "F", which is the main entertainment store in Bupyeong-si E and the second floor, directed male customers who were found in the above singing room on studio, and had employees B, C, and D who did not undergo health examinations follow alcohol to customers, and engaged in business by providing entertainment services, including singing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D, B, or C;

1. Application of statutes on a copy of business license;

1. Article 81 subparagraph 9 of the Infectious Disease Control and Prevention Act, and Article 45 (2) of the same Act, against a crime committed;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. Where a person who is required to undergo a health examination for sexually communicable diseases in the facts charged fails to undergo the health examination, he/she shall not conduct entertainment center business;

Defendant

B, C, and D around July 13, 2018, "F, which is an entertainment shop for the second and second floor, did not undergo a health examination, and had a male guest who found the business without undergoing a health examination, followed the drinking and singing.

2. Article 80 subparag. 4 of the Infectious Disease Control and Prevention Act applies to the above charged facts, and Article 80 subparag. 4 of the Infectious Disease Control and Prevention Act punishs “a person who has been engaged in a job that is highly contacted with the general public in violation of Article 45, or who has employed a patient with an infectious disease, etc. in such occupation.” Article 45 of the same Act provides for prohibition of termination and prohibition of employment for “patient with an infectious disease, etc.,” and Article 80 subparag. 1 of the same Act provides for prohibition of medical examinations for sexually transmitted infectious diseases, contrary to Article 80 subparag. 2 of the same Act.

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