CONTENTS
- 1. Public Health Control Act | Definition
- - Subjects of Public Health Management
- - Representative Types
- 2. Public Health Control Act | Main Penalty Levels
- - Penalty Levels Examined Through Actual Precedents
- 3. Public Health Control Act | Administrative Disposition
- - Restrictions on Business
- - Closure, etc. of a Public Health Business Establishment
- - Administrative Fine Disposition
- 4. Public Health Control Act | How to Respond
- - Matters to Prepare Before the Investigation
- - Preparing Sentencing Materials for Mitigation
- - Response Strategy When Denying the Charges
- 5. Public Health Control Act | Difficult to Handle Alone?
1. Public Health Control Act | Definition
The Public Health Control Act is a statute enacted to prescribe matters concerning the sanitary management of businesses used by the public, so as to improve sanitary standards and help promote public health.
If you violate the Public Health Control Act, criminal punishment or an administrative fine may be imposed under the prescribed statute, so caution is needed.
Subjects of Public Health Management
Public Health Businesses
▷ Bathhouse business
▷ Barbershop business
▷ Beauty business
▷ Laundry business
▷ Sanitary management services
Public Facilities
▷ Mixed-use buildings
▷ Performance halls
▷ Private academies
▷ Wedding halls
▷ Indoor sports facilities
Representative Types
Violations of the Public Health Control Act can largely be divided into failure to report a public health business, violation of sanitary standards, and unlicensed business activity.
These violations occur frequently, particularly in the lodging and restaurant sectors and similar businesses.
2. Public Health Control Act | Main Penalty Levels
The main penalty levels for violating the Public Health Control Act are as follows.
Article 20 of the Public Health Control Act
| Operating a lodging business without filing a report | Imprisonment for not more than 2 years or a fine not exceeding 20 million won |
| Operating a public health business without filing a report | Imprisonment for not more than 1 year or a fine not exceeding 10 million won |
| Conducting business after a business suspension order or a closure order |
| Lending or borrowing a barber's or beautician's license to or from another person | A fine not exceeding 3 million won |
| Arranging the lending or borrowing of a barber's or beautician's license | |
| Lending or borrowing a sanitarian's license to or from another person | |
| Arranging the lending or borrowing of a sanitarian's license | |
| Opening a barbershop or beauty business, or engaging in such work, without a license |
Penalty Levels Examined Through Actual Precedents
Busan District Court Judgment of April 6, 2023, Case No. 2022Godan4217
He then operated an illegal lodging business on a total of more than 500 occasions without filing a report with the competent authority, and as a result he was indicted on a charge of violating the Public Health Control Act and was sentenced to a fine of 7 million won.
Seoul Bukbu District Court Judgment of September 30, 2016, Case No. 2016Gojeong1780
It was also confirmed that he personally performed beauty work without obtaining a beautician's license, and he was indicted on a charge of violating the Public Health Control Act and was sentenced to a fine of 700,000 won.
3. Public Health Control Act | Administrative Disposition
When the Public Health Control Act is violated, depending on the content and degree of the violation, administrative dispositions such as business suspension, a prohibition on the use of facilities, a closure order, or the imposition of an administrative fine may be imposed.
Restrictions on Business
Where deemed necessary to protect the public interest or good morals, a Mayor/Do Governor may impose necessary restrictions on the business hours and business conduct of public health business operators and their employees.(Article 9-2 of the Public Health Control Act)
Closure, etc. of a Public Health Business Establishment
Under Article 11 of the Public Health Control Act, where any of the following applies, the head of a Si/Gun/Gu may order suspension of business or prohibition of use of part of the facilities for a fixed period of up to 6 months, or order the closure of the business establishment.
Article 11 of the Public Health Control Act
▶ Where the operator fails to file a change report
▶ Where the operator fails to file a report on succession of status
▶ Where the public health business operator fails to observe the required obligations
▶ Where barbering or beauty work is performed at a place other than the business establishment, and similar cases
Administrative Fine Disposition
If you violate the Public Health Control Act, you may be subject to an administrative fine.
Article 22 of the Public Health Control Act
| Failing to manage the facilities and equipment of a lodging or bathhouse establishment in a sanitary and safe manner | An administrative fine not exceeding 3 million won |
| Installing a barbershop sign lamp in violation of the restrictions on the use of barbershop sign lamps |
| Failing to observe the sanitary management duties of a barbershop, beauty, laundry, or building sanitation management establishment | An administrative fine not exceeding 2 million won |
| Performing barbering or beauty work at a place other than the business establishment | |
| Failing to complete sanitary education |
4. Public Health Control Act | How to Respond
The Public Health Control Act is an important statute for protecting public health and safety, and because a violation can lead to severe punishment, you should respond promptly.
Matters to Prepare Before the Investigation
If you are facing an investigation, you should first confirm whether your business qualifies as a public health business as defined by law.
For example, if you posted an officetel on a lodging-sharing website for short-term rental, you should review the relevant statutes and precedents to determine whether that act qualifies as a lodging business.
You should also be able to organize and submit records in a systematic way at the time of the investigation, such as whether a business report was filed, whether a license is held, deposit records, reservation records, and sanitation inspection records.
Preparing Sentencing Materials for Mitigation
If a violation of the Public Health Control Act is acknowledged, you may prepare the following supporting materials to reduce the level of punishment.
▷ Materials proving that the business was voluntarily closed or the facility was improved immediately after the violation was discovered
▷ Sanitation inspection reports and similar documents showing that the sanitary condition was good and no harm resulted
Response Strategy When Denying the Charges
When denying the charges, you must prove that your conduct does not constitute a violation of the Public Health Control Act.
For example, you may argue that you merely rented out a space and did not provide lodging facilities, so it cannot be regarded as a lodging business.
Alternatively, if you provided a free service to an acquaintance without a hairdresser's license, you may submit conversation records or treatment details showing that there was no business purpose.
Beyond this, you may present evidence such as the absence of reservation records, proving that you only registered on a lodging-sharing platform but did not actually operate a business.
5. Public Health Control Act | Difficult to Handle Alone?
If you are suspected of violating the Public Health Control Act, the assistance of an attorney who specializes in criminal cases is very important.
Our firm conducts a thorough consultation with clients suspected of violating the Public Health Control Act and analyzes the case in depth.
We carefully review whether the business is subject to the Public Health Control Act, as well as the fact of the violation and its degree and progression, and prepare a response plan.
Because a violation of the Public Health Control Act may involve not only criminal punishment but also administrative dispositions such as suspension or closure of business, our firm forms a TF with attorneys who specialize in administrative matters to respond in a systematic way.
We also work with attorneys who specialize in corporate matters to provide related legal advisory services and to support prevention so that businesses can comply with the Public Health Control Act.
If you are facing difficulties due to a Public Health Control Act violation, please request a consultation with a 🔗criminal attorney at Daeryun.
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