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(영문) 수원지방법원 2015.05.14 2015고정66
청소년보호법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “F” bill of indictment that sells alcoholic beverages, etc. on the first floor of the C building in the lusium, but is obvious that it is a clerical error and correct it ex officio.

Although the owner of a juvenile harmful business establishment is not allowed to employ a juvenile, the defendant employed E (n, 16 years of age) as an employee of the above business establishment from March 2014 to October 15 of the same year.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Criminal place and report on occurrence of a crime;

1. A report on internal investigation:

1. On-site photographs;

1. Application of Acts and subordinate statutes to cooperation in work related to the protection of juveniles;

1. Article 58 subparagraph 4 of the Act on the Punishment of Criminal Crimes and Article 58 and Article 29 (1) of the Act on the Protection of Juveniles Eligible for the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts that the argument of the defendant and his defense counsel regarding the provisional payment order under Article 334 (1) of the Criminal Procedure Act does not constitute a business establishment prohibited from employing juveniles, since the "D" (hereinafter "the business establishment of this case") as stated in the decision of the defendant's operation is mainly for the sale of food.

The reason why the Juvenile Protection Act provides that "business operated mainly in the form of business, such as small kitchen, cap, etc. with the purpose of cooking and selling alcoholic beverages rather than cooking and selling food among general restaurant businesses is to prevent juveniles from employing such business places as one of the business establishments prohibited from employing juveniles. In addition, the reason why the Juvenile Protection Act regulates "business operated mainly in the form of business, such as small cap, cap, etc., for the purpose of cooking and selling alcoholic beverages, is to prevent this from being exposed to alcohol

Article 36(2) of the Food Sanitation Act and Article 21 subparag. 8(b) of the Enforcement Decree of the Food Sanitation Act are businesses of cooking and selling food in general restaurants, along with meals.

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