logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.26 2016노1547
학교보건법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not operate a business establishment prohibited from operating within the school environment sanitation and cleanup zone under the School Health Act.

2. Determination

(a) No one shall engage in any of the following activities or install any of the following activities in a school environment sanitation and cleanup zone:

Provided, That acts and facilities deemed not to have any adverse effect on learning and school health and sanitation by the superintendent of an office of education or by a person delegated by the superintendent of an office of education among the acts and facilities prescribed in subparagraphs 2, 3, 6, 10, 12 through 18 and 20 shall be excluded in a zone prescribed by Presidential Decree:

19. Business places falling under subparagraph 5 (a) (vii) of Article 2 of the Juvenile Protection Act, and business places falling under the business activities publicly notified by the director of the department of female family pursuant to subparagraph 5 (a) (viii) or (vii) of the same subparagraph, and Article 19 (Penalty Provisions) (2) Any person who conducts any act or installs any facilities prohibited in a school environment sanitation and cleanup zone in violation of Article 6 (1) shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won.

Article 2 of the Juvenile Protection Act

5. The term "business establishments harmful to juveniles" means business establishments referred to in the following item (a) (hereinafter referred to as "business establishments banned from allowing access by and employing juveniles") which are identified as harmful to juveniles and establishments banned from employing juveniles but whose employment is identified as harmful to juveniles (hereinafter referred to as "business establishments banned from employing juveniles"):

In such cases, the classification of business places shall be based on the actual business activities performed regardless of whether permission, authorization, registration, report, etc. required by other Acts and subordinate statutes is granted or not in the course of operating the business.

(a) A business establishment banned from allowing access by and employing juveniles (8) a physical contact between unspecified persons, exposure to confidential parts, etc., or a similar act is likely to occur.

arrow