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(영문) 수원지방법원 2020.12.15 2020고정1554
의료법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person, other than a medical person of 2020 high-level 1554, shall perform any medical practice, and any person, other than a medical person, shall establish and operate a massage place without qualification as deemed a medical practice, and any foreigner, who intends to be employed in the Republic of Korea, shall obtain the status of sojourn eligible for employment prescribed by Presidential Decree, and no person shall employ any foreigner who has not obtained the status of sojourn eligible for employment, or arrange for employment of such foreigner.

Nevertheless, on April 10, 2020, the Defendant, without qualification, employed a foreigner D of the nationality of the Thailand, who is not a massage operator and has no status of being allowed to engage in job-seeking activities, and caused the customer to engage in massage by spreading a telegraph, such as congratulations, selling, etc.

As a result, the Defendant established and operated a massage place without qualification, and employed foreigners who do not have the status of sojourn for job-seeking activities.

“200 Highly 1698”

1. No person, other than a massage club that violates the Medical Service Act, may establish a massage club or massage clinic;

Nevertheless, from April 14, 2020 to April 20, 2020, the Defendant agreed to receive KRW 80,000 won per hour from customers, such as I, and decided to engage in massage in the manner that he/she takes a part in, or she takes a part in, the horse with his/her hands, btel E and F, and H, who are not qualified as a massage, by promising them to receive KRW 80,00 per hour from customers, such as I.

As a result, the Defendant established a massage place by a person who is not a massage.

2. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and shall not employ any person who has no such status

Nevertheless, the defendant is able to engage in job-seeking activities at the place of massage procedure around April 2020.

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