The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: the Defendant reported the identification card presented by the instant juveniles before the instant case occurred and confirmed that he was an adult and sold alcoholic beverages; thus, at the time of the instant case, the Defendant had no intention to sell alcoholic beverages to juveniles.

2. Determination

A. The purpose of the Act on the Protection of Juveniles is to ensure that juveniles grow into persons with sound character by regulating the distribution of drugs, etc. harmful to juveniles and protecting and remedying them from the environment harmful to juveniles (Article 1). Article 2 Subparag. 4 of the Act defines “drugs and articles deemed harmful to juveniles” as “drugs and articles harmful to juveniles,” and stipulates alcoholic beverages under the Liquor Tax Act as one of the drugs harmful to juveniles (Article 2 Subparag. 4(a)). To that end, any person who engages in the business of distributing drugs, etc., and any organization and association consisting of such persons shall autonomously endeavor to protect juveniles by preventing the distribution of drugs, etc. harmful to juveniles (Article 4(2)), and any person who intends to sell, lend, and distribute drugs, etc. harmful to juveniles must verify the age of the other person (Article 28(3)).

In full view of the relevant provisions of the Juvenile Protection Act, as in the instant case, the proprietor of a restaurant, etc. that sells harmful drugs to juveniles is responsible for not selling alcoholic beverages to juveniles for the protection of juveniles.

Therefore, in case where a business owner, such as a restaurant, sells alcoholic beverages, the age of the subject should be confirmed based on his resident registration certificate or evidence with public probative value of age, and if there is doubt that the photograph and the real are different from that of his resident registration certificate presented by the subject, the juvenile will be able to conceal his status and age.