현행 공중위생법상 법적 문제 및 개선방안에 관한 연구-이미용사 제도를 중심으로 -

An increasing problems of current public health law pay attention to an equivocal realm and limitation of public health, restriction on hairdressing business, and unlicensed hairdressers. In order to improve against the mentioned issues of current public health law, it is required suggestions as below. First, the articulated public health law should be regulated along with substantial regulation. These regulations need to be established by the constitutional law to protect nation’s safety and security. Second, the freedom of business should be guaranteed. To do this, authorities’ invention should not be excessive by regulations or restrictions for public health related business industries. Especially, when hairdressing sanitary inspection is conducting, the freedom of hairdressing business has to be promised by applying proportional, less invade, subsidiary principles. Third, professional education for hairdressing specialization is essential.. Acquisition of hairdressing license requires professional knowledge and technical skills. Thus, special regulation on hairdressing specialization is desirable rather than covering the acquisition of professional license by the public health law. Fourth, under current public health law, hairdressing business owners ought to report their business items. However, this regulation seems sometimes immoderate demands to be sentenced for imprisonment or penalty for violating the rules of report of business and for sanitary inspection as well. On this wise, it would be desirable to replace of suspension of use, removal or order to end its operation, and give an administrative guidance instead giving an excessive penalty to business people for minor offenses. To sum up, we have to strengthen the public sanitation security, the freedom of public sanitary work place, the hairdresser professionalization, and hairdressing business of public health law.