Supreme Court: "Enclosed Room Cafes Are Subject to Youth Entry Restrictions"

"Sealed Structure and Facilities Allowing Use by Unspecified Customers"

The Supreme Court has ruled that even if it is a “room cafe,” it will be classified as a youth-restricted business if it is a sealed space equipped with facilities that allow unspecified customers to use it.

Supreme Court, Seocho-gu, Seoul. Photo by Yonhap News Agency

According to the legal community on August 31, the Supreme Court’s First Division (presiding judge: Supreme Court Justice Seo Kyunghwan) recently overturned the not-guilty verdict issued to defendant A, who was prosecuted for violating the Youth Protection Act, and remanded the case to Suwon District Court.

From March 2022 to February 2023, A operated a room cafe in Suwon, Gyeonggi Province. Out of the 16 rooms divided by partitions and sliding doors, only rooms 1 and 2 were visible from the outside via transparent windows, while rooms 3 through 16 were completely concealed unless the doors were open or the window film was removed. Each room was furnished with a low table, a TV, a mat, and large pillows.

During an inspection on February 22, 2023, the authorities found that pairs of boys and girls aged 14 to 17 were using four different rooms. A was indicted for not posting a youth entry and employment restriction sign at the entrance, and for failing to verify the ages of these customers before allowing them to enter.

The key issue was whether the room cafe operated by A constituted a youth entry and employment restricted business. Under the former Youth Protection Act, businesses that provide services where there is a risk of sexual acts, such as physical contact or exposure of private areas between unspecified people, are designated as establishments off-limits to youth.

The court of first instance, in December 2024, sentenced A to a fine of 2 million won, concluding that the layout and business format of the room cafe made it a youth entry and employment restricted business. The appellate court, however, delivered a not-guilty verdict in December of last year, citing the absence of sexual services provided by hostesses or connections between unspecified customers.

However, the Supreme Court did not accept this reasoning. The bench explained that, considering the wording and structure of the relevant provision, along with the legislative intent and the requirements set forth for facility type, equipment, and business format, it cannot be interpreted as only applying where there is interaction between hostesses and unspecified customers, or among strangers.

The justices stated, "In this case, the room cafe could be used by unspecified customers, is equipped with the facility types outlined in the regulations, and has a structure that makes it difficult to monitor room interiors from the outside. Therefore, there are significant grounds to deem it as a business where physical contact or sexual acts could potentially occur."

This content was produced with the assistance of AI translation services.