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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who operates a general restaurant in the name of "C" (hereinafter referred to as "the restaurant of this case") in Daegu Jung-gu.
The owner of a business harmful to juveniles shall not employ juveniles.
Nevertheless, from November 1, 2016 to November 21:10, 2011, the Defendant employed the juvenile as an employee engaged in cleaning ice ice or table table, on the condition that the Defendant would pay KRW 6,030 per hour to D (18 tax) who is a juvenile.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. Written statements of D;
1. Application of Acts and subordinate statutes regarding site photographs, business reports, certificates of business reports, reports on control of public morals places, and inquiries by residents;
1. Article 58 of the relevant Act on the facts constituting an offense and Articles 58 subparagraph 4 and 29 (1) of the Act on the Protection of Juveniles who have electively sentenced to a penalty;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument is that the instant restaurant is a general restaurant and does not constitute a crime because it is not for cooking and selling alcoholic beverages entirely.
2. The reason why the Act on the Protection of Juveniles provides that "business operated mainly in the form of business, such as small kitchens, hographs, carcs, etc., for the purpose of cooking and selling alcoholic beverages rather than cooking and selling food among general restaurant businesses is as one of business establishments banned from employing juveniles." This is to prevent the risk that juveniles employed by such establishments may easily contact alcoholic beverages, thereby hindering the sound mental and physical development of the employed juveniles, and that the demand for work harmful to the employed juveniles is likely to be prevented.
Article 36 (2) of the Food Sanitation Act, Article 21 (8) (b) of the Enforcement Decree of the Food Sanitation Act provides that a general restaurant business is a business of cooking and selling food, which is a business of cooking and selling food, and a business of drinking incidental to food is allowed, but the Juvenile Protection Act is a business.