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(영문) 서울서부지방법원 2015.04.09 2014노1398
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Prior to the instant case, the Defendant: (a) demanded two or more identification cards to be changed to E; (b) had his photographed; (c) had a substitute and closely verified age; and (d) sold alcoholic beverages.

Therefore, there was no intention to sell liquor to minors.

2. Determination

A. The purpose of the Juvenile Protection Act is to enable juveniles to grow up into a healthy body by regulating the distribution of drugs, etc. harmful to juveniles and protecting and remedying them from the environment harmful to juveniles (Article 1). The term “drugs, etc. harmful to juveniles” is defined as drugs and articles harmful to juveniles, and includes alcoholic beverages pursuant to the Liquor Tax Act as one of drugs harmful to juveniles (Article 2 Subparag. 4(a)). For this purpose, any person who engages in the business of distributing drugs, etc., and organizations and associations consisting of such drugs, etc. shall autonomously endeavor to protect juveniles by preventing the distribution of drugs, etc. harmful to juveniles (Article 4(2)), and any person who intends to sell, lend, and distribute drugs, etc. harmful to juveniles shall verify the age of the other person (Article 28(3)).

B. In full view of the relevant provisions of the Juvenile Protection Act, as seen in the instant convenience store, a business owner, such as convenience store that sells drugs harmful to juveniles, is responsible for not selling alcoholic beverages to juveniles for the protection of juveniles. As such, in cases where a business owner, such as convenience store, sells alcoholic beverages, he/she shall verify the subject’s age based on a resident registration certificate or evidence with public probative value of age to the extent of age. If there is doubt that the photograph and actual substance on the resident registration certificate presented by the subject are different, the juvenile shall use his/her resident registration certificate to conceal his/her identity and age.

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