학교보건법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the Minister of Gender Equality and Family did not set a grace period when designating the key bank as a business establishment banned from access by and employing juveniles (No. 2011-30) is in violation of the principle of proportionality and the principle of protection of trust, since it excessively infringes on the private interest of the key bank business operator contrary to the defendant's trust.
Therefore, although the above notice was null and void in violation of the principle of proportionality and the principle of trust protection, the court below found the defendant guilty of the facts charged in this case.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for changes in the indictment to add the facts charged against the defendant to the following. Since the scope of the judgment was changed by a party member's permission, the judgment of the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.
(b) A determination of misunderstanding of facts shall not be made on the grounds of the relevant Acts and subordinate statutes [1] Article 6 of the School Health Act (Prohibited Acts, etc. in the school environmental sanitation and cleanup zone) (1) No person shall commit any of the following acts or facilities in the school environmental sanitation and cleanup zone; 19. A person who commits any act or installs facilities prohibited in the school environmental sanitation and cleanup zone, in violation of Article 19 (1) of the Juvenile Protection Act, in violation of Article 6 (1) of the same Act and Article 2 (Definition of the terms used in this Act shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won:
5. The term “business establishments harmful to juveniles” means the establishments harmful to juveniles who have access to and employ them; and