Government Office Acknowledges Unjust Business Suspension Reduction
"Cannot Avoid Administrative Sanctions According to Regulations"
A small business owner is expressing frustration after being suspended from business for selling cigarettes without checking the ID of a person who appeared to be an adult.
According to Yonhap News on the 29th, convenience store owner Mr. A sold three packs of cigarettes to Mr. B on April 27. Mr. B, who was a minor, was caught by police who responded to a resident’s report after he was seen smoking cigarettes with friends in an apartment complex. Mr. A, who sold cigarettes to Mr. B, faced criminal charges and a business suspension.
Mr. A mistook student Mr. B for an adult and sold him three packs of cigarettes, resulting in criminal charges and administrative penalties. Photo by Yonhap News
Mr. A insists that it is unfair to punish him for not checking the ID when Mr. B’s appearance clearly looked like an adult to anyone.
The prosecution took into account that Mr. B’s appearance on the convenience store’s CCTV footage did not look like a student and decided not to prosecute the case but to impose a fine. The local authorities also reduced the business suspension period from 7 days to 4 days, stating that Mr. B’s hair volume, face, expression, and gestures in the footage did not look like those of a minor.
An official from the local district office said, "Previously, selling cigarettes to minors resulted in a two-month business suspension, but the law was changed this year to reduce it to 7 days. In Mr. A’s case, we took mitigating circumstances into account and reduced it by 3 more days, but we cannot avoid administrative sanctions for violating regulations. Unless the law changes again, it will be difficult to provide relief for people like Mr. A."
Under the Tobacco Business Act, selling cigarettes to minors is punishable, so Mr. A was found guilty. There have been ongoing criticisms that the current Tobacco Business Act’s provisions are ambiguous. The determination of whether a customer is a minor is left to the seller, but there is no obligation to check the ID of every customer. Victims like Mr. A, who did not check IDs because they believed the customer was an adult, may continue to be punished.
Mr. A stated, "How many store owners would ask for ID just by looking at Mr. B’s face?" and added, "Business suspensions are a major cause of closures not only for convenience stores but also for those in the food service industry."
He continued, "The judicial authorities impose criminal penalties, and the administrative authorities impose business suspensions, resulting in double punishment. It would be good if administrative sanctions could be replaced with fines or education. There is a need to revise administrative sanctions," he said.
After the police investigation began, Mr. A reported the incident to the head office and shared it with other store owners to prevent Mr. B from purchasing cigarettes again. It is reported that Mr. B actually failed in an attempt to buy cigarettes at another convenience store.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
