Reasons for Proposal
The current Act prohibits the followings: having juveniles provide entertainment services by employing them as entertainment workers; employing juveniles in or giving them access to business establishments banned from employing juveniles or giving them access; providing alcoholic beverages to juveniles. Any food service business operator who violates such prohibited provisions is subject to administrative dispositions such as cancellation of license, etc.
However, if the reason for the violation was not the business operator but was due to the juvenile’s forgery or alteration of identification, or threats, etc., it seems severe to place the liability for the violation solely on the business operator. Moreover, this raises the issue of fairness.
Therefore, this proposal seeks to prevent repeated illegal activities by juvenile delinquents while protecting good business operators by imposing imprisonment of up to one year or a fine of up to ten million won on a juvenile who has provided a reason through forgery or alteration of identification or through threats, etc., for the business operator to give the juvenile access to business establishments banned from employing juveniles or giving them access to the premises or to give the juvenile access to alcoholic beverages (newly insert Article 44, paragraph 3; Article 98, subparagraph 1)
Major Provisions
Article 98 (Penalty Provisions) Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine of up to ten million won
1. A juvenile who has, in violation of Article 44, paragraph 3, forged/altered their identification or impersonated another person, providing a reason for conduct that amounts to any of the subparagraphs under Article 44, paragraph 2;