The defendant shall be innocent.

1. On April 30, 2015, the Defendant committed an act of neglecting the protection and education of a child under his protection and supervision over 13 times from the above date to May 26, 2015, as shown in the list of crimes in the attached Table, by G, who is an employee of the Defendant, committed an act of neglecting the protection and education of a child under his protection and supervision over 13 times in total from the above date to May 26, 2015.

2. The prosecutor charged the above facts charged with the so-called "Joint Penal Provisions" under Articles 74, 71(1)2, and 17(6) of the Child Welfare Act. In light of the principle of self-responsibility, the above joint penal provisions apply only to cases where a corporation or an individual neglects the duty of considerable attention or supervision in connection with the business of which a violation occurred by an employee, etc. In specific cases, whether a corporation or an individual neglected the duty of considerable attention or supervision shall be determined by considering all the circumstances related to the relevant violation, namely, the legislative purport of the relevant Act; the legislative purport of the relevant Act; the degree of infringement of legal interests anticipated to violate the penal provisions; the purport of the joint penal provisions as to the relevant violation; the degree of damage or result actually caused by the violation; the business size of the corporation or an individual; the possibility of supervision or supervision of the offender; and the measures actually taken by the corporation or an individual to prevent the violation.

(see, e.g., Supreme Court Decision 2009Do5516, Jul. 14, 2011). In this case, the health team and the Defendant voluntarily installed CCTV inside a childcare center to voluntarily comply with the request to disclose CCTV images at any time, and the childcare center outside.