The defendant shall be innocent.

1. The Defendant is a person running “C” in the case of Pakistan.

No one shall sell or provide alcoholic beverages that are drugs harmful to juveniles to juveniles.

Nevertheless, around March 20, 2018, the Defendant provided one disease of beer without verifying identification card to D (17 years of age, South) one juvenile in the restaurant.

2. Determination

A. Article 2 Subparag. 4(a) of the Juvenile Protection Act provides that the liquor under the Liquor Tax Act, tobacco under the Tobacco Business Act, and narcotics, etc. under the Act on the Control of Narcotics, etc. shall be “drugs harmful to juveniles” and the main sentence of Article 28(1) of the same Act provides that “no person shall sell, lend, distribute, or provide to juveniles drugs, etc. harmful to juveniles without compensation.” Article 59 Subparag. 6 of the same Act provides that “a person who sells, lends, or distributes drugs, etc. harmful to juveniles or provides them for profit in violation of Article 28(1).

However, in a case where a person operating a restaurant was only an adult at the time of a drinking alcohol to the persons who have entered the restaurant, and later a person was able to drink alcoholic beverages only, and later became a juvenile, the restaurant operator was under circumstances that could anticipate that the juvenile was comfort, or where the juvenile was given additional alcoholic beverages while recognizing that person was comfort, the restaurant operator cannot be deemed to have conducted an act of selling alcoholic beverages to the juvenile "as defined in Article 59 subparagraph 6 of the Juvenile Protection Act, even if the remaining juveniles were to drink some alcoholic beverages later," and this legal principle provides a remaining alcoholic beverage according to the alcoholic beverage to the juvenile who was later joined by the restaurant operator.

(2) The same does not apply to

Supreme Court Decision 201Na1448 delivered on January 11, 2002