The business of running a singing practice room under Article 2 subparagraph 6 of the former Act on the Regulation of Businesses Affecting Public Morals (amended by Act No. 5925 of Feb. 8, 199; hereinafter the same shall apply) and Article 2 subparagraph 5 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 16435 of Jun. 30, 199; hereinafter the same shall apply), which constitutes a business establishment harmful to juveniles under Article 2 subparagraph 5 of the Juvenile Protection Act, and the owner and employees of a business establishment harmful to juveniles shall confirm the age of access and make it available for juveniles to access the business establishment (Article 24 (2) of the Juvenile Protection Act): Provided, That where juveniles are accompanied by persons with parental authority, Article 19 of the Enforcement Decree of the same Act and Article 5 subparagraph 6 of the Enforcement Decree of the former Act on the Regulation of Businesses Affecting Public Amusement Businesses Affecting Public Morals Public Morals Public Morals Public Morals Public Morals Public Morals Public Morals Publically provided that they are accompanied by relatives or supervisors over 18 years of age or older.

According to the reasoning of the judgment below, the court below affirmed the judgment of the court of first instance that found the defendant guilty of the defendant's entry into the above singing practice room, where the defendant, a juvenile accompanied by the above non-indicted 4 (7907-14- omitted), and the defendant's non-indicted 1 and 2, who operated a singing practice room around 23:00 on February 16, 199, operated his business by entering the singing practice room, on the ground that the above non-indicted 1 and 2, were denied access because he was a juvenile, and the defendant was refused to enter the singing practice room on the ground that he was a juvenile, and requested the non-indicted 4 (7907-14- omitted) who was a pro-friendly non-indicted 3's pro-child of the defendant's friendship and let him go to the singing practice room.

In light of the legislative intent of the Juvenile Protection Act and the former Act on the Regulation of Amusement Businesses Affecting Public Morals and the degree of harmfulness to juveniles of singing practice room, a guardian of 18 years or older who can be accompanied by juveniles in singing practice room under Article 5 subparagraph 6 of the former Enforcement Decree of the Act on the Regulation of Amusement Businesses Affecting Public Morals, means a person over 18 years of age who has the intent and ability to protect and guide juveniles accompanied by a person with parental authority within the spatial and time limit of a singing practice room. Whether such qualification is satisfied should be determined objectively by taking into account not only the intentions of the juveniles and their guardians accompanying them, but also the relationship between the juveniles and their guardians, and the circumstances leading up to the entry into singing practice room.

In the same purport, we affirm the judgment of the court below that in relation to the juvenile non-indicted 1 and 2, non-indicted 4 above constitutes a guardian over 18 years of age or older under Article 5 subparagraph 6 of the former Enforcement Decree of the Act on the Regulation of Amusement Businesses Affecting Public Morals, the court below did not err in the misapprehension of legal principles as claimed

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Jin-hun (Presiding Justice)