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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is a person who operates E and F restaurants located in Gangdong-gu Seoul Metropolitan Government D4 floors.
On February 8, 2017, at around 01:30, G, an employee of the above E restaurant, provided a total of KRW 101,50,00,000 for juvenile H (n, 17 years of age) and his/her day to the juvenile H (n, 17 years of age) with respect to the Defendant’s business.
2. Determination
A. According to the Juvenile Protection Act, the owner and employees of a business establishment prohibited from accessing juveniles are obliged to verify their age based on resident registration certificates or other evidence of public probative value equivalent to that of their age, unless there are circumstances objectively deemed that it is difficult to doubt their visitors as juveniles. However, it is sufficient to confirm whether they are under the age of 19 solely on the certificate, unless there are circumstances discovered when submitting a certificate of public probative value such as resident registration certificates from the visiting customer.
I see that it is.
However, in the process of such confirmation, the identity and address of the person who enters a house suspected of being a juvenile under the age of 19 are sufficiently doubtful, such as where the person presents his/her identification card to him/her or her, or where the person does not possess his/her identification card and intends to make an oral statement of his/her date of birth, etc., or where special circumstances exist, such as where he/she may have sufficient doubts on his/her identity, such as the face, age, appearance, etc. of the presenter who shows his/her identification card, face, etc., and where he/she may have sufficient doubts on his/her face, face, appearance, etc., he/she may require the person who enters a house suspected of being a juvenile under the age of 19 to present his/her identification card to another adult person, etc., by means of various methods, such as demanding him/her to verbal or written