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(영문) 인천지방법원 2015.10.02 2015고정1599

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the Bupyeong-gu Incheon Metropolitan City D with a trade name.

The owner of a business establishment harmful to juveniles shall, when he/she intends to employ an employee, verify his/her age, and shall not employ a juvenile.

Nevertheless, on March 13, 2015, the Defendant, at night, employed the “E” as a juvenile (17 years old, female), G (16 years old, female), and H (16 years old) that mainly operated alcoholic beverages at night while running as a business owner.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by a witness I in the second protocol of the trial;

1. Application of respective Acts and subordinate statutes of F, G and H;

1. Relevant Article 58 of the Juvenile Protection Act and Articles 58 subparagraph 4 and 29 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's "E (hereinafter "E")'s operation is not a business establishment banned from employing juveniles since the defendant's "E ("E") is mainly for the sale of skins and frys.

The reason why the Juvenile Protection Act provides that "business operated mainly in the form of business, such as small kitchen, cap, etc. with the purpose of cooking and selling alcoholic beverages rather than cooking and selling food among general restaurant businesses is to prevent juveniles from employing such business places as one of the business establishments prohibited from employing juveniles. In addition, the reason why the Juvenile Protection Act regulates "business operated mainly in the form of business, such as small cap, cap, etc., for the purpose of cooking and selling alcoholic beverages, is to prevent this from being exposed to alcohol

Article 36 (2) of the Food Sanitation Act and Article 21 subparagraph 8 (b) of the Enforcement Decree of the Food Sanitation Act are businesses of cooking and selling food, and drinking is incidental to meals.