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(영문) 대법원 2014.07.10 2014도5173
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. As to the Prosecutor’s Grounds of Appeal

A. In light of the legislative purpose of the Juvenile Protection Act, a juvenile’s business owner of a business establishment harmful to entertainment, such as an entertainment drinking house, is highly seriously responsible for not employing a juvenile for the purpose of protecting the juvenile. As such, in the event that the owner of an entertainment drinking house employs an employee at the relevant entertainment business establishment, he/she shall verify the age of the subject based on his/her resident registration certificate or other evidence of public probative value sufficient to the degree of age. If there is doubt that the photograph and real property on the resident registration certificate presented by the subject are different from that on the resident registration certificate, the juvenile is able to see his/her own status and age and engage in employment at the entertainment business establishment. In light of the employment situation of the many entertainment businesses, the owner of the business is obliged to take additional age verification measures such as making a detailed comparison of his/her resident registration certificate with his/her resident registration certificate, or making him/her open his/her address or resident registration number on the resident registration certificate, etc., and if the subject was unable to verify his/her age due to the loss of his/her status, he/she has the obligation to be postponed.

(see, e.g., Supreme Court Decisions 2002Do2425, Jun. 28, 2002; 2013Do8385, Sept. 27, 2013). In light of the legislative intent of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., a person who acts as a broker of buying sex shall be deemed as equally applicable in cases where a person who employs a child or juvenile employee for the purpose of arranging or arranging such acts.

Therefore, arranging the act of buying sex as a business.

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