Business registration
Business registration method
- A person who intends to open a nail salon shall have the required facilities and equipment and submit a registration form for the commencement of business along with the following documents to the head of a Si/Gun/Gu (limited to autonomous Gu only) (First provision of Article 3(1) of the Public Health Control Act and Article 3(1) and annexed form 1 of the Enforcement Regulations of the Public Health Control Act).
· Summary of business facilities and equipment
· Certificate of completion (only applicable to those who have completed the education in advance)
· A written permission for the use of a state property pursuant to Article 14(3) of the Enforcement Decree of the State Property Act (only applicable to those who intend to operate a business at a state railroad station or military facility)
· Documents related to contracts for the use of a railroad facility with a railroad operator (including an urban railroad operator) (applicable only to those who intend to operate a business at a railroad station facility other than a state railroad facility)
Receipt of business registration certificate
- A person who has filed a report for the commencement of a nail salon business shall receive a business registration certificate immediately from the head of a Si/Gun/Gu (First provision of Article 3(3) and annexed form 2 of the Enforcement Regulations of the Public Health Control Act).
Reissuance of business registration certificate
- In the event where a person who has submitted the registration form for commencement of business operations of a nail salon business loses his/her issued business registration certificate or such registration falls into disuse by normal wear and tear, thereby requiring the reissuance of the said registration, he or she shall submit an application for the reissuance of business registration certificate to the head of Si/Gun/Gu (Article 3(5) and annexed form 4 of the Enforcement Regulations of the Public Health Control Act).
Reporting changes in business particulars
Reasons for reporting changes in business particulars
- In the event where a person who operates a nail salon business wishes to report changes for any of the following matters, he or she shall file a report to the head of a Si/Gun/Gu (Rear-paragraph of Article 3(1) of the Public Health Control Act and Article 3-2(1) of the Enforcement Regulations of the Public Health Control Act).
· Name or trade name of business establishment
· Location of business establishment
· Increasing or decreasing the area of reported business establishment by more than one-third of its reported size
· Representative’s name or date of birth
· Change in business type within the beauty arts industry
Method of reporting changes
- When a person operating a nail salon wishes to report changes, he or she shall submit a form for report of changes in reported business items (including an electronic report) along with the following documents to the head of a Si/Gun/Gu (Article 3-2(2) and attached Form 5 of the Enforcement Regulations of the Public Health Control Act).
· Report on the commencement of business (not required for those who provide reasons for the loss in the report of changes in reported business items)
· Documents to prove changed items
Reporting the succession of position
Reporting the succession of position
- When a person operating a nail salon has transferred his/her public health business or has died, or there exists a merger of juristic persons, the said transferee, successor, or a juristic person surviving the merger, or that established by the merger, shall succeed the position of the public health business entity (Article 3-2(1) of the Public Health Control Act).
- A person who has taken over the whole of the facilities and equipment in relation to the nail salon through an auction, a conversion, or the sale of seized property and other procedures corresponding thereto, shall succeed the position of such nail salon (Article 3-2(2) of the Public Health Control Act).
※ Only a person who possesses a beautician’s (nail) license may succeed the position of a salon operator (Article 3-2(3) of the Public Health Control Act).
Method of reporting the succession of position
- A person who has succeeded the position of a nail salon shall file a report to the head of a Si/Gun/Gu within a month with the following forms attached (Article 3-2(4) of the Public Health Control Act and Article 3-4(1) and annexed Form 6 of the Enforcement Regulations of the Public Health Control Act).
· In case of a business transfer: A copy of the document that can prove the transfer
· In case of an inheritance: X-document(s) proving that the applicant is a rightful heir (excluding cases where the e-information of registered family relations is enough)
· For other cases: Documents that can prove that the operator's position has been succeeded, per reason
Sanctions in case of violations
Administrative disposition
- In case a nail salon operator fails to go through business registration, report any changes in business particulars, or report the succession of its business to another person or entity, the head of a Si/Gun/Gu may order the salon to suspend its business or to partially suspend the use of its facilities within a specified period not exceeding six months, or to close its business establishment (Subparagraphs 1, 2, and 3 of Article 11(1) of the Public Health Control Act).
- Those who change the location of their business establishments without reporting shall be subject to the following administrative dispositions (attached Table 6 Subparagraph 4(b)(ii) of the Enforcement Regulations of the Public Health Control Act).
· First violation: Business suspension for one month
· Second violation: Business suspension for two months
· Third violation: Closure of business establishment
Criminal punishment
- A person operating a nail salon who fails to file a report on the commencement of its business shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding KRW 10 million (Subparagraph 1 of Article 20(1) of the Public Health Control Act).
- A person operating a nail salon without filing a report on alteration or succession of position shall be punished by imprisonment with labor for not more than six months, or by a fine not exceeding KRW 5 million (Subparagraphs 1 and 2 of Article 20(2) of the Public Health Control Act).