CONTENTS
- 1. The Client Who Came to the Anyang Law Office
- - The Client's Account, Shared at the Anyang Law Office
- - The Relevant Statutes, as Explained by the Anyang Law Office
- 2. The Anyang Law Office's Assistance Process
- - The Client's Unlawful Act Involved No Intent Whatsoever
- - The Client Had Always Conducted Checks for Minors Throughout the Period of Business
- - The Client Installed an Identification Card Checking Machine to Prevent Recurrence
- 3. The Anyang Law Office Resolved the Client's Unfairness and Successfully Obtained Revocation of the Business Suspension
- - Sale of Alcohol to Minors Can Be a Matter of Unfairness
1. The Client Who Came to the Anyang Law Office
The client who came to the Anyang law office, Daeryun, had been deceived by minors who presented forged identification cards and sold them alcohol. As a result of a report by a classmate, the client ultimately received a business suspension disposition.
The client had been conscientiously checking minors' identification cards all along, but was entirely unable to detect the forged identification cards, and therefore expressed considerable frustration at the unfairness.
The Client's Account, Shared at the Anyang Law Office
The circumstances at the time of the incident, as shared by the client at the Anyang law office, are as follows.
The client was a business owner operating a bar. The four customers who had visited a few days earlier were all minors, and a classmate who learned of this fact filed a report.
The client had carefully conducted identification checks, including comparing the photographs on the identification cards with the customers' faces, and so found this fact perplexing.
As it turned out, the identification cards they presented were all forged.
For that reason, the client came to the Anyang law office, Daeryun, in order to express the unfairness and request relief from the business suspension.
The Relevant Statutes, as Explained by the Anyang Law Office
■ Juvenile Protection Act (see Articles 2, 4, 28, and 59)
Alcohol is designated as a harmful substance under the "Juvenile Protection Act." Therefore, persons whose business involves the distribution of harmful substances and the like, and the organizations and associations composed of such persons, must make autonomous efforts to protect juveniles, including ensuring that alcohol is not distributed to juveniles.
A person who intends to sell alcohol must verify the age and identity of the other party.
No one may sell alcohol to a juvenile. This includes the case of sales by means of an automatic vending device, an unmanned sales device, or a telecommunications device.
A person who violates this and sells alcohol to a juvenile is subject, under Article 59 of the Juvenile Protection Act, to imprisonment with labor for not more than two years or a fine of not more than 20 million won.
■ What if the Juvenile's Identification Card Was Forged or Misused?
Where it is recognized that, due to a juvenile's forgery, alteration, or misuse of an identification card, the food service business operator did not know that the person was a juvenile, or was unable to confirm that the person was a minor because of assault or intimidation, the relevant administrative disposition may be exempted as prescribed by Presidential Decree.
2. The Anyang Law Office's Assistance Process
The Anyang law office first identified the factors for mitigation regarding the client's business suspension disposition.
✔ Was the unlawful act intentional or a mistake?
✔ What was the cause of the unlawful act?
✔ How long has the business been operating?
✔ Are there measures to prevent recurrence?
And on this basis, it filed for administrative adjudication regarding the client's business suspension disposition.
The Client's Unlawful Act Involved No Intent Whatsoever
Because the identification cards the client checked were forged, no matter how carefully the client checked them, the client could not detect at all that they were fake identification cards.
In addition, the office argued the circumstance that, because their clothing, makeup, and the like made them appear so much like adults, the client could not have had significant suspicion.
The Client Had Always Conducted Checks for Minors Throughout the Period of Business
After having seen many acquaintances around the client receive business suspension dispositions for similar cases, the client had always conducted thorough checks.
The office emphasized that the client had diligently kept to that policy, including not admitting anyone as a customer if there was the slightest suspicion.
The Client Installed an Identification Card Checking Machine to Prevent Recurrence
After this incident, the client, recognizing that simply comparing the photograph on an identification card with the actual face makes detection difficult, installed a fingerprint recognition machine capable of screening out forged identification cards.
The office also argued that the client intended to do its utmost to prevent recurrence, including thoroughly training part-time staff on this matter.
3. The Anyang Law Office Resolved the Client's Unfairness and Successfully Obtained Revocation of the Business Suspension
As a result of handling the case together with the Anyang law office's attorney specializing in administrative law, the client obtained revocation of the business suspension disposition and was able to resume business.
Sale of Alcohol to Minors Can Be a Matter of Unfairness
As in the case the client above experienced, there are cases in which minors present forged identification cards to purchase alcohol,
and there are also cases in which, taking advantage of a moment when the proprietor is entirely unaware, they come in through the back door, join a table, and naturally drink alcohol.
In such cases, proprietors cannot but be in an unfair situation.
In this case, one should respond quickly by consulting an attorney specializing in the field from the early stage of the case.
Daeryun Law Firm operates an administrative group through which an attorney specializing in administrative law actively assists clients, so if you need assistance, please visit Daeryun Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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