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(영문) 서울남부지방법원 2020.08.14 2020고단2177
의료법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act shall establish a massage place without obtaining a recognition of qualification from the Mayor/Do Governor pursuant to Article 82 (1) of the Medical Service Act;

Nevertheless, from June 6, 2019 to January 8, 2020, the Defendant, at the first floor of Guro-gu Seoul Metropolitan Government, had 10 or more massage rooms at the Guro-gu, Seoul, and employed a number of massage parlors, such as a foreigner of her native nationality D, who did not obtain the recognition of a massage, and operated a massage place by allowing an unqualified massage to engage in a job-seeking activity for general customers when he/she receives a fee of KRW 40,000 from 20,000 to 40,000 from his/her native nationality. Accordingly, the Defendant established a massage place without obtaining the recognition of a massage. 2. In order for a foreigner to be employed in the Republic of Korea, the Defendant did not obtain the status of sojourn eligible for job-seeking activities as prescribed by the Enforcement Decree of the Immigration Control Act, and no person may employ a foreigner who did not have the status of sojourn eligible for job-seeking activities from among 20,000 to 10,000 won of his/her nationality.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D, E, F, G, H, and I;

1. Request for accusation of a person who violates the Immigration Control Act;

1. Answer to request an accusation of a person who violates the Immigration Control Act;

1. Application of statutes on business registration certificates;

1. Article 87-2 (2) 2, Article 33 (2) 1, and Article 82 (3) of the Medical Service Act (including the establishment of a place of massage practice) concerning facts constituting an offense, and Article 87-2 (2) 2 of the same Act concerning the choice of punishment, respectively;

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