The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the room of a business establishment operated by the defendant (hereinafter “business establishment of this case”) consists of a closed space and constitutes a prohibited facility type. In light of the fact that shower rooms and bathing tools have been established, it can be deemed that sexual conduct or similar sexual conduct is likely to occur.

Although the court below found the defendant not guilty, the court below erred by misapprehending the legal principles.

2. Article 9 subparag. 13 of the Educational Environment Protection Act and Article 2 subparag. 5(a) of the Juvenile Protection Act prohibit “business that provides services that have physical contacts between unspecified persons, exposure to smuggling parts, etc., or any similar act, or are likely to occur” in an educational environment protection zone, from being publicly notified by the head of female family.

The main contents of the public notice (No. 2013-52) on this issue are as follows:

Type of Facilities

(a) The type of facilities that are partitioned off with smuggling, enclosed space or partitions, or similar facilities;

(a) Installing separate facilities, such as toilets and bathing rooms;

(b) Keeping clothing, waves, etc. which can be modified in the form of bedclothes, bed, or bed;

(c) Facilities installed with computers, television, video products, singing machines, etc.;

(d) The type of business in which sex-related organizations, such as a man-made ice or self-defense organ, are installed;

(a) A business which is likely to be engaged in physical contacts, such as dancing, pet, compostis, batis, bator, etc. or sexual-related body parts, or sexual acts or similaritys;

(b) Business in which water mainly for adults, such as adult video works, game water, and speculative game water, is likely to be distributed;

C. The following can be revealed by the evidence duly adopted and investigated by the court below for the business of using a sex-related organization, such as a ice-type or self-defense organization.