beta
(영문) 서울서부지방법원 2015.05.13 2014고정889

청소년보호법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person running an entertainment tavern in Eunpyeong-gu Seoul Metropolitan Government (D), and E is a head of the entertainment tavern business office.

Although the owner of a business establishment harmful to juveniles must employ juveniles, or to employ employees, they should verify their age, they employed F (17 years of age) who is a juvenile in early March 2013, and F (F) had him do entertainment with G around March 15, 2013.

Accordingly, the defendant, an employee E, employed a juvenile in a business establishment harmful to juveniles and allowed them to provide entertainment services.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness H in the court;

1. Statement made by a witness F in the sixth trial records;

1. A protocol concerning the examination of each police suspect to F and E;

1. Investigation report (the result of analyzing the details of phone calls used by A), investigation report (the verification of subscription procedures for Internet games), investigation report (the investigation of telephone conversations for reference witnesses);

1. Application of statutes to the list of results of identifying details of resident registration numbers;

1. Article 62 of the relevant Act and Articles 58 and 29 (1) of the Protection of Youths Act, the selection of fines for criminal facts, and the selection of penalties;

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. At the time, the Defendant: (a) confirmed the F’s resident registration certificate and health certificate; (b) believed and employed as adult; and (c) fulfilled his duty of care and supervision.

2. Determination

A. In light of the legislative purpose of the Juvenile Protection Act, the proprietor of a business establishment harmful to juveniles such as entertainment taverns is given a very strict responsibility not to employ juveniles for the purpose of protecting juveniles.

Since the owner of an entertainment drinking house employs an employee at the entertainment place concerned, the resident registration certificate or a similar level shall be sufficient.