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The defendant shall be innocent.
Reasons
No person in charge of facts constituting a business establishment harmful to juveniles determined by the Juvenile Protection Committee and publicly notified by the Minister of Gender Equality and Family shall conduct physical contacts among unspecified persons or sexual acts in a confidential part, or provide services that are likely to conduct similar acts.
From February 2, 2012 to September 16, 2014, the Defendant divided “E” into partitionss, etc. in the Cleanup Zone of the D Elementary School located in Ulsan-gu, Ulsan-gu, Ulsan-gu, and installed four smuggling equipped with the beds and shower rooms, and operated juvenile harmful business establishments.
Judgment
[3] Article 6 of the School Health Act (Prohibited Acts, etc. in School Environmental Sanitation and Cleanup Zone) (1) No person shall engage in any of the following acts and facilities in school environmental sanitation and Cleanup Zone:
19. A person who commits an act or installs facilities prohibited in school environmental sanitation and cleanup zones, in violation of Article 19 (Penal Provisions) (2) of the Juvenile Protection Act, in violation of Article 6 (1), shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20,000 won:
(ii)a business establishment which is available for access by juveniles but whose employment is identified as harmful to juveniles (hereinafter referred to as "business establishment banned from employing juveniles") which falls under any of the following
means the State, a local government.
In such cases, the classification of business places shall be based on the actual business activities performed regardless of whether permission, authorization, registration, report, etc. required by other Acts and subordinate statutes is granted or not.