The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant did not exercise due care and supervision over the affairs of the child care center in order to prevent abuse against A by an employee, a child care teacher who is an employee.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Article 74 of the Child Welfare Act provides, “If a representative of a corporation, or an agent, employee or other servant of a corporation or individual commits an offence under Article 71 in connection with the business of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.

In such a “Joint Penal Provisions”, whether a corporation, employee, etc. has neglected the duty of due care or management and supervision shall be determined by comprehensively taking into account all the circumstances related to the relevant violation, namely, the legislative intent of the relevant Act, the degree of infringement of legal interests anticipated to violate the penal provisions, the purport of the two punishment provisions concerning the relevant violation, as well as the specific form of the relevant violation and the degree of damage or result resulting therefrom, the business size of the corporation, the possibility of supervision or specific direction and supervision over the offender, and the measures actually

(see, e.g., Supreme Court Decision 2015Do6781, May 12, 2016). In light of the foregoing legal doctrine, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., child care teachers around the accident.