Startup and operation of a beauty salon | Easy to Find, Practical Law

Interior construction

Conclusion of a construction contract

- The assignment of the construction to an interior designer constitutes a work contract under which a contractor agrees to perform the interior construction and a beauty salon operator agrees to pay remuneration for the result of such work.(Article 664 of the Civil Act).

Precautions to take for the interior construction

Checklist for the interior construction

Whether the construction of ceilings, walls, built-in furniture, counters etc. has been completed;

Whether the construction of beauty facilities has been completed;

Whether the sanitary facilities (water supply and drainage, and toilet facilities) has been inspected;

Whether the construction (piping and positioning) of the air-conditioning system has been completed;

Whether the connection to the gas pipe of an urban gas corporation has been completely installed;

Whether the capacity of electrical work (wiring and electric lights) is sufficient;

Whether there are any issues with waterproofing, plastering work, tiles, glass, wallpapers, curtains and flooring work;

Whether the signboard construction (external and internal notice boards, menu, etc.) has been completed?

< Source: Guide for each type of business for micro enterprises – beauty arts business, Small Enterprise and Market Service >

Warranty for defects

- Where any defect is found in the completed subject-matter of a work or in a certain part of the subject-matter of a work which has been finished before the completion of all the work, the beautician who ordered the work may demand the contractor to repair and rectify such defect within a specified period. However, this shall not apply if excessive costs are required for correcting a minor defect (Article 667(1) of the Civil Act).

- A beautician who has ordered the work may claim compensation in lieu of, or together with, correction of the defect and in such case, he or she may refuse to make payment for the construction until the other party pays compensation for damages (Article 667(2) and Article 536(1) of the Civil Act).

Installation of advertisements

Permission for or reporting on the installation of advertisements, etc.

- A beauty arts business operator who intends to display or install advertisements in any of the following areas, places or objects shall obtain permission from or report to a Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/autonomous Gu (Article 3(1) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry and Article 6 of the Enforcement Decree of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry):

· Urban areas;

· Cultural heritage and protected areas;

· Preserved mountainous districts;

· Natural parks;

· Areas situated within one kilometer in straight line distance from the boundary of the roads, railroads, airports, ports, tracks, or rivers, which are directly visible from the height of two meters above ground of such boundary;

· Rolling stocks, urban rolling stocks, motor vehicles, steam ship and sail ship, aircraft and ultra-light flying equipment;

· Any of the following areas, places, and objects required to preserve their scenic landscapes and urban environments:

√ District unit planning zones;

√ Tourist destinations or tourism complexes;

√ Other areas, places, and objects publicly notified after going through deliberation of the committee for deliberation on outdoor advertisements established in the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province.

Sanctions for violations

- A person who displays or installs an advertisement, etc. without permission shall be punished by imprisonment with labor for not more than one year or a fine not exceeding ten million won, while a person who displays or installs an advertisement, etc. (excluding a standing signboard, placard, poster and leaflet) without reporting shall be punished by a fine not exceeding five million won Article 18 of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry).

- A person who displays or installs a standing signboard, placard, poster, and leaflet without reporting shall be punished by a fine not exceeding five million won (Article 20(1) Subparagraph 1 of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry).

※ Selection of a trade name

Anyone who wishes to run a beauty salon may freely choose his/her name or other names as his/her trade name (Article 18 of the Commercial Act).

An act of causing confusion with another person's commercial facilities or activities by using marks (including the methods of the sales of goods or service provision and the overall appearance of the place where services are offered such as signboards, appearances, and interior decorations) identical or similar to, another person's name, trade name, or emblem, or any other mark indicating another person's business, which is widely known in the Republic of Korea or an act of inflicting damage to distinctiveness or reputation attached to another person's mark without good cause shall be deemed as an act of unfair competition, and the perpetrator may be held liable for damages and punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won (Article 2 Subparagraph 1(b) and (c), Article 5, and Article 18(3) Subparagraph 1 of the Unfair Competition Prevention and Trade Secret Protection Act).

ENGLISH