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

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

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of D in Incheon Gyeyang-gu C.

No one shall sell drugs, etc. harmful to juveniles to juveniles, and no person who operates a general restaurant shall be negligent in giving due attention and supervision concerning the relevant duties to prevent such violations by employees.

Nevertheless, at around September 22, 2015, the defendant Eul, an employee of the above restaurant, neglected to exercise due care and supervision over the pertinent business in order to prevent the violation of the laws and regulations regarding the above E in the course of selling the juvenile F (18 years old) to the juvenile in the above restaurant, and caused the above E to commit such a violation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness E;

1. Application of statutes on site photographs;

1. Article 62 of the relevant Act and Articles 59 and 28 (1) of the Juvenile Protection Act, the selection of fines for criminal facts, and the selection of fines for selective punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act regarding the defendant and defense counsel’s assertion of the provisional payment order, the defendant and defense counsel are not the defendant but the person who provided alcoholic beverages to juveniles is an employee E, and the defendant thoroughly provided education to ordinary employees who are suspected to be less than 19 years of age to inspect their identification cards. Thus, the defendant fulfilled his/her duty of care.

The argument is asserted.

In light of the principle of self-responsibility, it is reasonable to view that the above punishment provisions apply only to the case where a corporation neglects its duty of due care or management and supervision concerning the business of violation caused by its employees. In specific cases, whether a corporation neglected its duty of due care or management and supervision, is related to the relevant violation, that is, the legislation of the relevant law.