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(영문) 서울서부지방법원 2016.05.13 2016고정70
공중위생관리법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, without reporting to the competent administrative agency, carried out a public bath business, which is a public sanitary business in the name of “D” in the building located in Yongsan-gu Seoul Metropolitan Government from March 27, 2014 to July 8, 2015.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. To notify each public bath business operator of his/her business report, each request for supplementation and correction of his/her business report, and the return of his/her business report;

1. Application of Acts and subordinate statutes on judgment documents 2015 Guhap 1137 decided July 3, 2015 by the Seoul Administrative Court

1. Selection of a fine or fine under Articles 20 (1) 1 and 3 (1) (main sentence) of the relevant Act on criminal facts;

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

1. The Defendant’s assertion regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act was rejected on February 7, 2014, since the Defendant reported the public bath business to the competent administrative agency around February 7, 2014.

However, it argues that it is not a public bath business without reporting.

The main sentence of Article 3 (1) of the Public Health Control Act shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public sanitary business and shall be reported to the head of a Si/Gun/Gu.

Article 3(2) and (3) of the Enforcement Rule of the same Act provides that “The head of a Si/Gun/Gu who has received a report on public sanitary business shall confirm the building ledger, prepare and manage the report management ledger, and according to the Enforcement Rule of the same Act [Attachment 3], the report management ledger shall include the size of the place of business in the “in the airspace of the building” of the report management ledger, and according to Article 3-2(1)3 of the Enforcement Rule of the same Act, “an increase or decrease in the size of the reported place of business by 1/3 or more” shall not be a legitimate report on public sanitary business, stating a size different from the actual place of business.

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