[청소년보호법위반][공1999.8.15.(88),1693]
Whether an act of selling alcoholic beverages to a minor who obtained consent from his legal representative under the Juvenile Protection Act is permitted (negative)
The purpose of the former Juvenile Protection Act (amended by Act No. 5529 of Feb. 28, 1998) is to protect and relieve juveniles from various social environments harmful to juveniles and to grow up into a sound character by regulating the distribution of media materials, drugs, etc. harmful to juveniles and their access to harmful businesses in a different level from the Civil Act, which is a general private law. Article 2 of the former Juvenile Protection Act provides that those under the age of 18 shall be defined as juveniles, and those under the age of 18 shall not sell, lend, or distribute drugs harmful to juveniles in violation of Article 51 subparagraph 8 of the same Act, and Article 26 (1) provides that any person shall not sell, lend, or distribute drugs harmful to juveniles, etc. harmful to juveniles in violation of Article 51 subparagraph 8 of the same Act. In light of the legislative purport, purpose, and content of the above Act, even if the legal representative of juveniles under the Civil Act obtained his/her consent, such act cannot be justified merely on the ground that he/she has obtained such consent.
Articles 2, 26(1) and 51 subparag. 8 of the former Juvenile Protection Act (amended by Act No. 5529 of Feb. 28, 1998)
Defendant
Defendant
Chuncheon District Court Decision 98No369 delivered on April 29, 1999
The appeal is dismissed.
We examine the grounds of appeal.
The purpose of the former Juvenile Protection Act (amended by Act No. 5529 of Feb. 28, 1998) is to protect and relieve juveniles from various social environment harmful to juveniles and to grow up into a sound character by regulating media materials, drugs, etc. harmful to juveniles and their access to harmful businesses in a different level from the Civil Act, which is a general private law. Article 2 of the former Juvenile Protection Act provides that persons under the age of 18 shall not sell, lend, or distribute drugs harmful to juveniles as harmful to juveniles, and Article 26(1) provides that persons shall not sell, lend, or distribute drugs harmful to juveniles in violation of the above provision of Article 51(8). In light of the legislative purport, purpose, provision, etc. of the above Act, in selling alcoholic beverages to juveniles under the age of 17, a mother, who is a legal representative of the defendant under the Civil Act, can not be justified solely on the ground that the defendant's consent was obtained.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jong-chul (Presiding Justice)