A. The Defendant (misunderstanding of facts or misapprehension of legal principles) did not constitute 9 years of age and 11 years of age that the Defendant had access to the instant business establishment, and the Defendant did not constitute boys as prescribed by the Juvenile Protection Act, and the Defendant provided access to the instant business establishment upon the request of the parents who visited the instant business establishment, and thus, the Defendant did not constitute a crime of violating the Juvenile Protection Act.

B. The prosecutor (unlawful in sentencing) of the lower court’s sentence (amounting to KRW 500,00) is deemed to be too unhued and unfair.

2. Determination

A. (1) Determination on the Defendant’s argument on the grounds of appeal (1) Article 2 Subparag. 1 of the former Juvenile Protection Act (amended by Act No. 1446, Dec. 20, 2016; hereinafter the same) refers to “Juveniles under the age of 19 years”.

In light of the legislative intent of the Juvenile Protection Act, which provides that “The lower limit of the age corresponding to juveniles is without any express provision, and that juveniles can grow into the healthy character by protecting the juveniles from a harmful environment, etc., the case constitutes juveniles as prescribed by the above Act even when the Defendant entered the instant business establishment and elementary school students aged 9 and 11 who were aged 1.

(2) Article 29(2) of the former Juvenile Protection Act provides that “The owner and employees of a business establishment prohibited from employing juveniles shall verify the age of visitors and shall not allow juveniles to enter the business establishment.

Article 29 (4) of the same Act provides that "where a juvenile is accompanied by a person with parental authority, etc., notwithstanding the provisions of the above 2, a juvenile may enter as prescribed by Presidential Decree.

Provided, That no access shall be allowed to any food entertainment business prescribed by Presidential Decree among food entertainment business under the Food Sanitation Act.

Article 5 (2) of the Enforcement Decree of the Juvenile Protection Act provides that "those prescribed by Presidential Decree" means the danran business and the entertainment shop business.

"........"

Therefore, the defendant's business is operated by the defendant.