The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had no intention to employ a juvenile since he thought and employed adult E who forged his identification card as an adult H.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. (i) The lower court’s determination on the assertion of mistake of facts: (i) regarding the Defendant’s age confirmation, the Defendant appears to have employed without the Defendant’s age verification; (ii) considering the following: (a) the Defendant consistently asserts that the Defendant had no record of the identification card at the time of employment from the investigative agency to this court; (b) the Defendant confirmed the resident registration certificate at the time of employment; (c) the name, resident registration number, date of commencement, contact details, etc.; (d) in the case of E, the Defendant did not make such statement; and (e) the Defendant appears to have been easily forged; (b) the Defendant appears to have been engaged without the Defendant’s age verification; and (c) the Defendant appears to have been engaged in the same year with the State employees who were born from 192 to 193, but the said State employees were also the age out of the juvenile side; and (e) the Defendant was extremely 16 years old.

It determined that do not deny the willful negligence of the crime of violating the Juvenile Protection Act.

In light of the legislative purpose of the Juvenile Protection Act, in order to protect juveniles, the proprietor of a business establishment harmful to juveniles such as entertainment taverns is given a very strict responsibility for not employing juveniles in the business establishment for the purpose of protecting juveniles.

Therefore, when the proprietor of an entertainment drinking house employs an employee in the relevant entertainment place, he/she shall be subject to the age of the employee based on his/her resident registration certificate or evidence with public probative value on the age equivalent to that.