Business notification
Method of business notification
- A person who intends to file a business notification for a beauty salon shall have required facilities and equipment and file a business notification (including electronic notification) accompanied by the following documents at the head of a Si/Gun/Gu (refer to autonomous Gu, the same shall apply hereinafter) (First provision of Article 3(1) of the Public Health Control Act and Article 3(1) of the Enforcement Regulations of the Public Health Control Act).
· A summary of business facilities and equipment;
· Documents certifying that the right to use business facilities and facilities has been secured, insurance certificate that guarantees the liability of the business operator in case of incidents or accidents in the public sector pursuant to Article 3 of the 「Act on Ownership and Management of Collective Buildings」 or a notarized document on the liability of the business operator [only in cases where a business report for accommodation business is filed for a part of a building (referring to cases subject to the 「Act on Ownership and Management of Collective Buildings」)]
· Education certificate (only applicable to those who have completed the education in advance);
· A written permission for the use of a state property (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).
Issuance of a business notification certificate
- The head of a Si/Gun/Gu who has been notified of a beauty salon shall issue a business notification certificate immediately without delay (Article 3(3) and annexed form 2 of the Enforcement Regulations of the Public Health Control Act).
Reissuance of the business notification certificate
- In the event where a person who had filed a business notification for a beauty arts business loses his/her issued business notification certificate or such certificate falls into disuse by ordinary wear out, thereby requiring the reissuance of the said certificate shall submit an application for the reissuance of business registration certificate to the head of Si/Gun/Gu (First provision in Article 3(5) of the Enforcement Regulations of the Public Health Control Act).
Q. After gaining an extensive experience working as a beautician, now I am planning to open my own salon, but then I have been told to file a business notification first. How do I file one?
A. To open a beauty salon, you are required to have business facilities equipment and receive prior health education, and then, file a business notification along with the necessary documents at the head of a Si/Gun/Gu.
◇ Business notification
☞ A person who wishes to open a beauty salon is required to have business facilities and equipment and complete health education, and then, to file a business notification accompanied by the following documents at the head of a Si/Gun/Gu in which your business is to be located (refer to autonomous Gu).
☞ A person who wishes to file a business notification is required to submit the following documents to the head of a Si/Gun/Gu.
· A business notification (includes electronic documents)
· A summary of business facilities and equipment;
· Education certificate (only applicable to those who have completed the education in advance);
· A written permission for the use of a state property (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).
☞ A person who has filed a business notification for a beauty salon will be issued with a business notification certificate from the head of a Si/Gun/Gu immediately without delay.
◇ Sanctions for violations
☞ Any person who operates a beauty salon without filing a business notification will be punished by imprisonment for not more than one year or a fine not exceeding 10 million won.
Alteration notification
Matters to notify for alteration
- In the event where a person who operates a beauty arts business wishes to make alterations for any of the following matters shall file a report to the head of Si/Gun/Gu (Second provision 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 the business establishment
· Location of the business establishment
· Increasing or decreasing the area of the reported business establishment by one third of its reported size. However, in the case of a business report for the lodging business for a part of the building, less than a third of the increase or decrease is included.
· Representative’s name or date of birth
· Alteration of business type within the beauty arts industry
Method of notifying an alteration
- When a person operating a beauty salon wishes to report an alteration, he or she shall submit an alteration notification on the notified business details (including an electronic notification) accompanied by the following documents to the head of Si/Gun/Gu (Second provision of Article 3(1) of the Public Health Control and Article 3-2(2) of the Enforcement Regulations of the Public Health Control Act).
· A business notification (not required for those who provide reasons for the loss in the alteration notification on the notified business details)
· Documents supporting altered details
Reporting on the succession of position
Reporting on the succession of position
- When a person operating a beauty salon has transferred his/her public health business or deceased, 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 to 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 facilities and equipment related to a beauty salon through an auction, a conversion, or the sale of seized property and other procedures corresponding thereto, shall succeed to the position of such beauty salon (Article 3-2(2) of the Public Health Control Act).
※ Only a person who possesses a beautician’s license may succeed to the position of a beauty salon operator (Article 3-2(3) of the Public Health Control Act).
Method to succeed a position
- A person who has succeeded to the position of a beauty salon shall file a report to the head of a Si/Gun/Gu within a month (Article 3-2(4) of the Public Health Control Act and Article 3-4(1) of the Enforcement Regulations of the Public Health Control Act).
· For a business transfer: a copy of the document to prove the transfer
· For an inheritance: A Family Relationship Certificate and other x-document(s) to prove he/she is a rightful heir (excluding cases where the heir can be confirmed with computerized information of family relations register)
· For other cases: documents that prove that the operator's position has been succeeded for each reason
· Where a person intends to report for the succession of position along with the report of business closure under Article 8(8) of the Value-Added Tax Act, he/she shall jointly submit the report of business closure according to Form 9 of the Enforcement Rules of the Value-Added Tax Act (Former part of Article 3-4(3) of the Enforcement Rules of the Public Health Control Act).
Sanctions for violations
Administrative disposition
- In the case a beauty salon operator fails to report his/her business, any alterations to such business, or succession to a former beauty salon, the head of a Si/Gun/Gu may order the salon to suspend its business or partially suspend using its facilities within a specified period not exceeding six months, or to close its business establishment (Article 11(1) Subparagraph 1, 2, and 3 of the Public Health Control Act).
Criminal punishment
- If a person operating a beauty salon fails file a business notification, he/she shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding KRW 10 million (Article 20(2) subparagraph 1 of the Public Health Control Act).
- A person operating beauty 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 (Article 20(3) subparagraph 1 and 2 of the Public Health Control Act).