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(영문) 대전지방법원 천안지원 2016.12.08 2016고정499
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a D cafeteria which is a business establishment harmful to juveniles in Asan-si C.

The owner of a business establishment harmful to juveniles shall not employ a juvenile in a business establishment harmful to juveniles.

Nevertheless, the defendant from January 16, 2016 to the same year.

3. From around 15 to around 15, a business establishment that mainly prepares and sells alcoholic beverages, etc. at the above D restaurant, a business establishment that mainly prepares and sells alcoholic beverages, etc., to pay 6,500 won to juveniles E (Nam, 17 years of age) per hour, and employed them as employees who assist the kitchen business that sprinkers and chickens.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of E;

1. Entry of a copy of a report on the control of amusement business;

1. Application of the Acts and subordinate statutes to describe the fact of sending data;

1. Article 58 of the relevant Act on Criminal facts and Articles 58 subparagraph 4 and 29 (1) of the Protection of Juveniles Eligible for the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the ground of conviction of Article 334(1) of the Criminal Procedure Act, denied the charges by asserting that “D” establishments operated by the Defendant (hereinafter “instant establishments”) mainly sell alcoholic beverages incidental to general restaurants for cooking and selling food and thus does not constitute business establishments banned from employing juveniles as prescribed by the Juvenile Protection Act.

Article 2 subparag. 5 (b) of the Juvenile Protection Act provides for "a food service business prescribed by Presidential Decree among food service businesses under the Food Sanitation Act" as one of the business establishments banned from employing juveniles, and Article 6(2)2 of the Enforcement Decree of the Juvenile Protection Act provides that "a business operated mainly in the form of small-scale kitchen, cap, etc. for cooking and selling alcoholic beverages, rather than cooking and selling food, among general restaurant businesses." The purpose of the Juvenile Protection Act is to cooking and selling alcoholic beverages mainly rather than cooking and selling food.

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