The defendant shall be innocent.

1. The Defendant, from April 2, 2016 to February 23 of the same month, employed respectively the above juveniles at the above restaurant, which is a business establishment harmful to juveniles, where the employment of juveniles is prohibited, on condition that the Defendant, from around April 2, 2016 to around April 23, 2016, provided that the Defendant, at the restaurant located in Daegu Suwon-gu, a juvenile F (15 years of age) would provide the juvenile daily wage of KRW 6,030 from around 18:00 every week to around 02:00 a day following the following day, on condition that he/she would provide the juvenile daily G (15 years of age) from around 14:0 of the same month to around 23:00 of the same month, on condition that he/she would provide the juvenile daily work from around 18:0 to around 02:0 of the same month.

2. Determination

A. The reason why the Juvenile Protection Act provides that "business operated mainly in the form of business, such as small-scale kitchens, cap, etc. with 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 such business since juveniles employed by such business establishments, if they work, are likely to easily contact alcoholic beverages to cause harm to the sound mental and physical development of employed juveniles, and thus, the demand for work harmful to employed juveniles is likely to be prevented.

Therefore, a business establishment licensed to engage in general restaurant business under the Food Sanitation Act or a business of cooking and selling mainly alcoholic beverages rather than cooking and selling food, constitutes a business establishment prohibited from employing juveniles under the Juvenile Protection Act. Furthermore, among actual business types of general restaurants, in cases of cooking and selling mainly alcoholic beverages during the day, and in cases of cooking and selling mainly alcoholic beverages at night, it constitutes a business establishment prohibited from employing juveniles under the Juvenile Protection Act in light of the legislative intent of the aforementioned Juvenile Protection Act.

B. (See Supreme Court Decision 2003Do6282 delivered on February 12, 2004).

According to the above legal principles.