ACT ON THE REGULATION OF AMUSEMENT BUSINESS AFFECTING PUBLIC MORALS
Act No. 4337, Mar. 8, 1991
Amended by Act No. 5295, Mar. 7, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5925, Feb. 8, 1999
Act No. 5942, Mar. 31, 1999
Act No. 6473, May 24, 2001
Act No. 7849, Feb. 21, 2006
Act No. 7941, Apr. 28, 2006
Act No. 8175, Jan. 3, 2007
Act No. 9432, Feb. 6, 2009
Act No. 10150, Mar. 22, 2010
Act No. 10377, Jul. 23, 2010
Act No. 13281, Mar. 27, 2015
Act No. 14267, May 29, 2016
The purpose of this Act is to preserve the well-founded social morals and customs and to protect juveniles from a harmful environment by regulating acts, etc. that are offensive to the good public morals or harmful to a sound upbringing of the juveniles, at any place carrying on an amusement business affecting the public morals.
[This Article Wholly Amended by Act No. 10377, Jul. 23, 2010]
| Article 2 (Scope of Businesses Affecting Public Morals) |
The term "amusement business affecting the public morals" in this Act means any of the following businesses:
| 7. | Other businesses prescribed by Presidential Decree as offensive to the good public morals, or harmful to the sound upbringing of juveniles. |
[This Article Wholly Amended by Act No. 10377, Jul. 23, 2010]
| Article 3 (Matters to Be Observed) |
A person who carries on an amusement business affecting the public morals (including persons who carry on an amusement business affecting the public morals without obtaining permission or authorization or making registration or report; hereinafter referred to as "person carrying on the amusement business affecting the public morals") and persons engaging in such business who are prescribed by Presidential Decree, shall not conduct any of the following acts at a place operating the amusement business affecting the public morals (hereinafter referred to as "amusement business place affecting the public morals"):
| 2. | Conducting any lewd act or arranging or providing a service thereof; |
| 3. | Conducting any of the following acts with respect to lewd documents, pictures, motion pictures, phonograph records, video products or others: |
| (a) | Circulating, selling or lending them or allowing another person to do so; |
| (b) | Allowing another person to watch or view them; |
| (c) | Displaying or storing them for the purpose of circulation, sale, lending, watching, or viewing; |
| 4. | Allowing another person to engage in any gambling or other speculative acts. |
[This Article Wholly Amended by Act No. 10377, Jul. 23, 2010]
| Article 4 (Notification of Amusement Business Affecting Public Morals) |
| (1) | A person who grants permission for an amusement business affecting the public morals under other Acts (including persons who grant authorization or receive registration or report; hereinafter referred to as "permission-granting agency") shall notify the superintendent of the police station having the jurisdiction over the location of the amusement place affecting the public morals (hereinafter referred to as "superintendent of the police station") of the following matters: |
| 1. | Name and address of the person carrying on the amusement business affecting the public morals (in the case of a corporation, including the name and address of its representative); |
| 2. | Title and address of the amusement business place affecting the public morals; |
| 3. | Type of the amusement business affecting the public morals. |
| (2) | Where a person carrying on the amusement business affecting the public morals suspends or discontinues the business, the contents of the business are changed, or any ground prescribed by Presidential Decree arises, the permission-granting agency shall notify the superintendent of the police station thereof. |
[This Article Wholly Amended by Act No. 10377, Jul. 23, 2010]
| Article 5 Deleted. <by Act No. 5942, Mar. 31, 1999> |
| Article 6 (Notification, etc. on Offense) |
| (1) | If a person carrying on the amusement business affecting the public morals or a person engaging in such business who is prescribed by Presidential Decree, violates Article 3, the superintendent of the police station shall notify the permission-granting agency thereof and the Commissioner of the National Tax Service of materials necessary for taxation. <Amended by Act No. 14267, May 29, 2016> |
| (2) | The permission-granting agency shall, upon the receipt of the notification under paragraph (1), take necessary administrative dispositions based on the details of the notification, such as revocation of permission, suspension of business, order to improve facilities, etc., and then notify the superintendent of the police station of the results thereof. |
| (3) | The Commissioner General of the Korean National Police Agency or the head of a local government shall establish and operate an information sharing system to share information regarding amusement business place affecting the public morals which have received administrative dispositions pursuant to paragraph (2). <Newly Inserted by Act No. 13281, Mar. 27, 2015> |
[This Article Wholly Amended by Act No. 10377, Jul. 23, 2010]
| Articles 7 through 8-2 Deleted. <by Act No. 5942, Mar. 31, 1999> |
| (1) | If deemed extraordinarily necessary, the superintendent of the police station may have any national police official enter an amusement business place affecting the public morals to inspect as to whether a person carrying on the amusement business affecting the public morals and a person engaging such business who is prescribed by Presidential Decree comply with the matters to be observed under Article 3. |
| (2) | The national police official who enters and inspects an amusement business place affecting the public morals pursuant to paragraph (1) shall carry a certificate indicating his/her authority, and produce it to persons concerned. |
[This Article Wholly Amended by Act No. 10377, Jul. 23, 2010]
| Article 10 (Penalty Provisions) |
| (1) | A person who commits an act of arranging sexual traffic, etc. at an amusement business place affecting the public morals in violation of subparagraph 1 of Article 3 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| (2) | A person who allows another person to conduct any lewd act or fails to comply with other matters to be observed at an amusement business place affecting the public morals, in violation of subparagraphs 2 through 4 of Article 3, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won. |
[This Article Wholly Amended by Act No. 10377, Jul. 23, 2010]
| Article 11 Deleted. <by Act No. 5942, Mar. 31, 1999> |
| Article 12 (Joint Penalty Provisions) |
If a representative of a juristic person, or an agent, a servant, or other employees of a juristic person or individual, commits any offense prescribed in Article 10 in connection with the affairs of the juristic person or individual, the fine prescribed in the same Article shall also be imposed on the juristic person or individual, in addition to the punishment of the offender. [This Article Newly Inserted by Act No. Mar. 22, 2010]
| Article 13 Deleted. <by Act No. 5942, Mar. 31, 1999> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures) Any person who is carrying on the amusement business affecting the public morals, which is the object of the report as prescribed in Article 5 (1), at the time this Act enters into force, shall report it to the superintendent of the police station, within one month after the enforcement of this Act. |
ADDENDA <Act No. 5295, Mar. 7, 1997>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 3 of Article 2 shall enter into force one year after the date of its promulgation, and the amended provisions of Article 3 shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures on Administrative Fines) A person who has carried on the amusement business affecting the public morals without making a report referred to in Article 5 (1) prior to the enforcement of this Act shall be punished by an administrative fine pursuant to the previous provisions. |
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 5925, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 5942, Mar. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999: Provided, That the amended provisions of subparagraph (2) of Article 2 shall enter into force on August 9, 1999. Article 2 (Transitional Measures on Private Dance School Business and Dance Hall Business)
| (1) | Matters on private dance school business and dance hall business reported to the chief of a police station by the previous provisions of Article 5 at the time this Act enters into force, are deemed to have been reported to the head of a Si/Gun/Gu (limited to the head of an autonomous Gu) under the provisions of Article 22 of Installation and Utilization of Sports Facilities Act. |
| (2) | Various acts which the chief of a police station has performed or which have been performed to the chief of a police station concerning private dance school business and dance hall business by the previous provisions at the time this Act enters into force are deemed relevant acts under Installation and Utilization of Sports Facilities Act. |
| (3) | After this Act enters into force, the Minister of Culture and Tourism may impose a necessary restriction on business time and act for private dance school business and dance hall business: Provided, That this Act shall not apply, if otherwise prescribed in the Installation and Utilization of Sports Facilities Act. |
Article 3 (Transitional Measures on Administrative Disposition)
Administrative disposition for acts performed before the enforcement of this Act shall be dealt with according to the previous provisions.
Article 4 (Transitional Measures on Penalty Provisions)
The application of acts performed before the enforcement of this Act shall be dealt with according to the previous provisions.
Article 5 Omitted.
ADDENDA <Act No. 6473, May 24, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <Act No. 7941, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 8175, Jan. 3, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10150, Mar. 22, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10377, Jul. 23, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13281, Mar. 27, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14267, May 29, 2016>
This Act shall enter into force on the date of its promulgation.