A. As a business owner, Defendant A, as an employee, performed his duty of care and supervision to prevent the same act of violation of this case, such as making phone calls to Defendant B, who is an employee, or paying attention to not directly or directly selling alcoholic beverages to juveniles.

B. The sentence of the lower court (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion of mistake of facts, in light of the principle of punishment’s self-responsibility, it is reasonable to deem that the above two punishment provisions apply only when a corporation neglects its duty of due care or management and supervision with respect to the relevant duties. In a specific case, whether a corporation neglected its duty of considerable attention and supervision shall be determined by comprehensively taking into account all the circumstances related to the relevant violation, namely, the legislative intent of the relevant Act, the degree of infringement of legal interests anticipated to violate the penal provision, the purport of preparing both punishment provisions concerning the relevant violation, as well as the specific form of the relevant violation and the degree of damage or result actually caused thereby, the degree of damage and the relevant violation, the scale of the corporation’s business, the possibility of supervision or supervision over the offender, and the measures actually taken by the corporation to prevent the violation (see, e.g., Supreme Court Decision 2009Do5824, Feb. 25, 2010). In light of the legislative intent of the Juvenile Protection Act, the employer and employees of a business establishment prohibited from access to juveniles are highly liable to protect juveniles.

As such, the owner and employees of a business establishment prohibited from access by juveniles are objectively considered to have access to the age group that is likely to be a juvenile unless there is any circumstance that it is difficult to doubt the access person as a juvenile, the resident registration certificate or other similar level of age shall be public.