beta
(영문) 부산고등법원(창원) 2016.08.24 2015누12079

과징금부과처분취소

Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, this is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The term "D" shall be added between "B" and "B" on December 11, 2014 and "B" on December 11, 2014.

From the second side of the judgment of the court of first instance, the "Juvenile Protection Act" of the first and the second shall be deemed to be the "former Juvenile Protection Act (amended by Act No. 14067, Mar. 2, 2016; hereinafter the same shall apply)".

Part 4 of the decision of the court of first instance is as follows. Part 1 to 6 of the decision of the court of first instance is followed.

Article 29(1) of the former Juvenile Protection Act provides that “the owner of a business establishment harmful to juveniles shall not employ juveniles.” Article 58 subparag. 4 of the same Act provides that “the owner of a business establishment harmful to juveniles shall not employ juveniles,” and Article 58 subparag. 4 of the same Act provides that “the person who has employed juveniles in a business establishment harmful to juveniles in violation of Article 29(1) shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding twenty million won, and Article 54(2) of the same Act provides that “the head of a Si/Gun/Gu may impose and collect a penalty surcharge not exceeding ten million won, as prescribed by Presidential Decree, on a person who has acquired profits from an act falling under any subparagraph of Article 58.” Generally, the term “employment” refers to a contract under which the employer shall pay remuneration to the person who has provided labor (see Article 655 of the Civil Act). Accordingly, a contract of employment that does not premised on the payment of remuneration is not possible.