The defendant's appeal is dismissed.

The request for adjudication on the constitutionality of the instant case shall be dismissed.

1. Summary of grounds for appeal;

A. In fact, the restaurant of this case did not constitute a harmful business establishment for juveniles, and the defendant did not have any intention to violate the Juvenile Protection Act.

B. Even if the sentencing was found to be guilty, the lower court’s punishment (amounting to KRW 700,000) is too unreasonable.

2. Determination

A. The reason why the Juvenile Protection Act provides that "a business operated mainly in the form of business, such as small kitchens, hographs, and cameras, for the purpose of cooking and selling alcoholic beverages rather than cooking and selling food, among general restaurant businesses" as one of the business establishments banned from employing juveniles is to prevent the occurrence of harm to the sound mental and physical development of juveniles employed by juveniles in such business establishments, and to prevent the occurrence of harm to juveniles.

Article 36(2) of the Food Sanitation Act, Article 21 subparag. 8(b) of the Enforcement Decree of the Food Sanitation Act provides that "business of cooking and selling food, which is a business of cooking and selling general restaurant business, and of which drinking is allowed incidental to meals." However, Article 2 subparag. 5 of the Juvenile Protection Act provides that the classification of a business harmful to juveniles, such as a business establishment banned from employing juveniles, etc. shall be based on business activities actually being conducted, regardless of whether or not it is permitted, authorized, registered, or reported under other Acts and subordinate statutes in operating the business. Thus, even if a business of cooking and selling food is a business of which drinking is allowed incidental to the food sanitation Act while cooking and selling food, it constitutes a business of mainly cooking and selling alcoholic beverages rather than cooking and selling food, it constitutes a business of prohibited from employing juveniles under the Juvenile Protection Act, and furthermore, it is a general restaurant's actual meaning.