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STATUTES

THE REPUBLIC OF KOREA

Volume

JUVENILE PROTECTION ACT

Wholly Amended by Act No. 11048, Sep. 15, 2011

Amended by Act No. 11179, Jan. 17, 2012

Act No. 11229, Jan. 26, 2012

Act No. 11673, Mar. 22, 2013

Act No. 11862, Jun. 4, 2013

Act No. 11998, Aug. 6, 2013

Act No. 12534, Mar. 24, 2014

Act No. 12699, May 28, 2014

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to ensure juveniles grow up into persons of sound character by regulating the distribution of media products, drugs, etc. harmful to juveniles and juveniles' access to harmful business establishments and by protecting and relieving juveniles from harmful environments.

Article 2 (Definitions)

The terms used in this Act shall be defined as follows: <Amended by Act

Article 1 ~ 2

No. 11673, Mar. 22, 2013; Ac No. 11862, Jun. 4, 2013; Ac No. 12534, Mar. 24, 2014>

1. The term "juvenile" means a person under the age of 19: Provided, That persons who will have obtained the age of 19 after January 1 during the relevant year shall be excluded herefrom;

2. The term "media product" means any of the following:

(a) Motion pictures and video products, as defined in the Promotion of the Motion Pictures and Video Products Act;

(b) Game products, as defined in the Game Industry Promotion Act;

(c) Phonorecords, music files, music video products, and music video files, as defined in the Music Industry Promotion Act;

(d) Performances (excluding performances of Korean classical music), as defined in the Public Performance Act;

(e) Code, words, sound, or visual information transmitted through a telecommunications system, as defined in the Telecommunications Business Act;

(f) Broadcasting programs (excluding news programs), as defined

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in the Broadcasting Act;

(g) General daily newspapers (excluding newspapers that mainly contain news, comments, and public opinions on politics, the economy, and society), special daily newspapers (excluding newspapers specializing in the economy, industry, science, or religion), general weekly newspapers (excluding newspapers specializing in politics or the economy), special weekly newspapers (excluding newspapers specializing in the economy, industry, science, current affairs, or religion), Internet newspapers (excluding newspapers that mainly contain news, comments, and public opinions on politics, the economy, and society), and Internet news services, as defined in the Act on the Promotion of Newspapers, etc.;

(h) Magazines (excluding magazines specializing in politics, the economy, society, current affairs, industry, science, or religion), information publications, electronic publications, and other publications, as defined in the Act on Promotion of Periodicals, Including Magazines;

(i) Publications, electronic books, and foreign publications (excluding media products specified in items (g) and (h)), as defined in the Publishing Industry Promotion Act;

(j) Outdoor advertisements, as defined in the Outdoor Advertisements,

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etc. Control Act, and commercial advertisements and promotional materials contained, posted, displayed, or included in any other form in any of the media products specified in items (a) through (i);

(k) Other media products specified by Presidential Decree as likely to be harmful to the mental or physical health of juveniles;

3. The term "media product harmful to juveniles" means any of the following media products:

(a) Media products determined or identified by the Commission on Youth Protection as harmful to juveniles and publicly notified accordingly by the Minister of Gender Equality and Family under the main sentence of Article 7 (1) and Article 11;

(b) Media products examined or identified by the competent examining authority as harmful to juveniles and publicly notified accordingly by the Minister of Gender Equality and Family under the proviso to Article 7 (1) and Article 11;

4. The term "drugs and articles harmful to juveniles" means drugs specified in the following item (a) as harmful to juveniles (hereinafter referred to as "drugs harmful to juveniles") and articles specified under the following item (b) as harmful to juveniles (hereinafter referred to as "articles

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harmful to juveni"):

(a) Drugs harmful to juveniles:

(i) Alcoholic beverages, as defined in the Liquor Tax Act;

(ii) Tobacco, as defined in the Tobacco Business Act;

(iii) Narcotics, as defined in the Act on the Control of Narcotics, etc.;

(iv) Hallucinogenic substances, as defined in the Chemicals Control Act;

(v) Other drugs determined by the Commission on Youth Protection under Article 36, collecting opinions from related agencies in accordance with guidelines prescribed by Presidential Decree, and publicly notified by the Minister of Gender Equality and Family as drugs likely to severely impair the mental or physical health of juveniles, unless restrictions are placed on juveniles' use of the drugs, such as drugs acting adversely on the central nerve of human body to form a habit, addiction, or tolerance;

(b) Articles harmful to juveniles:

(i) Sex-related articles determined by the Commission on Youth Protection in accordance with guidelines prescribed by Presidential Decree and publicly notified by the Minister of Gender Equality and Family as articles likely to severely impair the mental or

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physical health of juveniles, unless estictions ae placed on juveniles' use of the articles, such as sex tools inducing juveniles to obscenities;

(ii) Articles determined by the Commission on Youth Protection in accordance with guidelines prescribed by Presidential Decree and publicly notified by the Minister of Gender Equality and Family as articles likely to severely impair the mental or physical health of juveniles, unless restrictions are placed on juveniles' use of such articles, such as toys inducing juveniles to obscenity, violence, cruelty, or speculation;

5. The term "business establishments harmful to juveniles" means business establishments specified in item (a) as harmful to juveniles, if juveniles are allowed access to such business establishments or are permitted to work in such business establishments, (hereinafter referred to as "business establishments prohibited from access by and employment of juveniles") and business establishments specified in item (b) as harmful to juveniles, if juveniles are permitted to work in such business establishments, although they may be allowed access to such business establishments (hereinafter referred to as "establishments prohibited from employment of juveniles"). The classification of such business establishments shall be based on business activities in which each of them actually engages, irrespective of whether permission, authorization, registration, or reporting is required by any other Act or subordinate statute for a business establishment to engage in such business activities:

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(a) Business establishments prohibited from allowing access to and employing juveniles:

(i) Business establishments specified by Presidential Decree, among general businesses providing games and combined distribution businesses providing games, as defined in the Game Industry Promotion Act;

(ii) Businesses engaging in speculative activities, as defined in the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.;

(iii) Business establishments specified by Presidential Decree, among businesses serving food, as defined in the Food Sanitation Act;

(iv) Mini-theaters for viewing video products, small theaters showing video products rated "Restricted", and business establishments providing multimedia video service under subparagraph 16 of Article 2 of the Promotion of the Motion Pictures and Video Products Act;

(v) Business establishments specified by Presidential Decree, among businesses providing singing rooms, as defined in the Music Industry Promotion Act;

(vi) Dance schools and commercial dance halls, as defined in the Installation and Utilization of Sports Facilities Act;

(vii) Businesses

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mainly for providing media for chatting by voice or video between unspecified persons with a telecommunications system: Provided, That businesses providing media for telecommunications under the Telecommunications Business Act or any other Act shall be excluded herefrom;

(viii) Businesses determined by the Commission on Youth Protection and publicly notified by the Minister of Gender Equality and Family as businesses that provide service through which unspecified persons are likely to have bodily contact, expose their intimate parts, or engage in sexual or similar conduct;

(ix) Businesses determined by the Commission on Youth Protection in accordance with the guidelines prescribed by Presidential Decree and publicly notified by the Minister of Gender Equality and Family as businesses harmful to juveniles, if juveniles are allowed access thereto or permitted to work therein, such as businesses producing, manufacturing, or distributing media products harmful to juveniles or drugs harmful to juveniles;

(x) Outside sales agent pursuant to Article 6 (2) of the Korean Racing Association Act (limited to the opening day for horse racing);

(xi) Outdoor counter pursuant to Article 9 (2) of the Bicycle and Motorboat Racing Act (limited to the opening day for bicycle and motorboat racing);

(b) Business

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establishments prohibited from employing juveniles:

(i) Businesses providing games to juveniles and businesses providing facilities for Internet computer games, as defined in the Game Industry Promotion Act;

(ii) Businesses specified by Presidential Decree, among lodging businesses, public bath houses, and barber shops, as defined in the Public Health Control Act;

(iii) Businesses specified by Presidential Decree, among businesses serving food, as defined in the Food Sanitation Act;

(iv) Small theaters showing video products, as defined in the Promotion of Motion Pictures and Video Products Act;

(v) Businesses handling toxic chemicals, as defined in the Chemicals Control Act: Provided, That businesses prescribed by Presidential Decree, which are not directly related to the use of toxic chemicals shall be excluded therefrom;

(vi) Businesses lending comic books in return for membership fees or rental charges;

(vii) Businesses determined by the Commission on Youth Protection in accordance with the guidelines prescribed by Presidential Decree and publicly notified by the Minister of Gender Equality and Family as businesses harmful to juveniles, if juveniles are permitted to work therein, such as businesses producing, manufacturing,

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or distributing media products harmful to juveniles or drugs harmful to juveniles;

6. The term "distribution" means selling, lending, distributing, broadcasting, performing, showing, exhibiting, displaying, or advertising media products or drugs or providing media products or drugs for viewing or using and activities of printing, reproducing, or importing media products or drugs for any purpose specified above;

7. The term "violence or abuse toward juveniles" means inflicting a physical or mental injury upon a juvenile by violence or abuse;

8. The term "environment harmful to juveniles" means media products harmful to juveniles, drugs and articles harmful to juveniles, business establishments harmful to juveniles, and violence or abuse toward juveniles.

Article 3 (Roles and Responsibilities of Families)

(1) A person who exercises parental authority over a juvenile or a person who has custody of a juvenile on behalf of a person with parental authority (hereinafter referred to as "person with parental authority, etc.") shall endeavor, as necessary, to prevent the juvenile from contacting or accessing to an environment harmful to juveniles and shall restrain the juvenile immediately from using a media product harmful to juveniles or a drug harmful to juveniles or from having access to a business establishment harmful to juveniles, if the juvenile attempts to do so.

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(2) If a person with parental authority, etc. deems it necessary when he/she endeavors to keep or restrain a juvenile from an environment harmful to juveniles pursuant to paragraph (1), he/she shall consult with an institution or organization providing counseling services on the protection of juveniles and shall request an institution responsible for guidance or control in connection with the protection of juveniles, if the juvenile is anticipated to run away from home or commit a misdeed.

Article 4 (Responsibility of Society)

(1) Everyone shall endeavor to take the following measures, as necessary to protect juveniles:

1. Keeping juveniles from contacting or having access to an environment harmful to juveniles;

2. Restraining a juvenile from using a harmful media product, drug, or article or committing violence against or abusing another juvenile and guiding such juvenile back into a wholesome path, if a person becomes aware that a juvenile has been doing so;

3. Filing a report or criminal charge with relevant authorities specified in Article 21 (3), when a person becomes aware that a media product, drug, or article harmful to juveniles is distributed, that a juvenile is employed by a business establishment harmful to juveniles, that a juvenile enters into a business establishment harmful to juveniles,

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or that a juvenile suffers from violence or abuse.

(2) A person who engages in business of distributing media products or drugs or a business of managing a business establishment harmful to juveniles and an organization or association consisting of persons who engage in such business shall voluntarily endeavor to protect juveniles by preventing media products, drugs, and articles harmful to juveniles from being distributed to juveniles and by preventing juveniles from being employed by a business establishment harmful to juveniles or entering into a business establishment harmful to juveniles.

Article 5 (Responsibilities of State and Local Governments)

(1) The State shall formulate and implement policies necessary to clean up environments harmful to juveniles in order to protect juveniles, and each local government shall endeavor to protect juveniles from an environment harmful to juveniles within its jurisdiction, as necessary.

(2) The State and local governments shall acknowledge that new forms of media products, drugs, etc. that appear with the development of electronic and telecommunications technology and medicines are likely to harm the mental or physical health of juveniles and shall endeavor to provide support for development of technologies and research projects necessary for the protection of juveniles from such media products, drugs, etc. and to establish a system for cooperation with foreign countries.

Article 5

(3) The State and local governments may encourage private sector, such as juvenile-related organizations and other non-governmental organizations, to voluntarily monitor the environment harmful to juveniles and file criminal charges, may provide support necessary therefor, and may reflect recommendations from the private sector in relevant policies.

(4) In regulating environments harmful to juveniles to protect juveniles, the State and local governments shall fulfill the duty thereof faithfully.

Article 6 (Relationship to other Acts)

For the purposes of criminal punishment in connection with regulation on the environment harmful to juveniles, this Act shall take precedence over other Acts.

CHAPTER II DETERMINATION OF MEDIA PRODUCTS HARMFUL TO JUVENILES AND REGULATION ON DISTRIBUTION OF SUCH PRODUCTS

Article 7 (Examination and Determination of Media Products Harmful to Juveniles)

(1) The Commission on Youth Protection shall examine each media product to find whether it is harmful to juveniles and shall determine

Article 6 ~ 7

the media product as harmful to juveniles, if it finds it harmful to juveniles: Provided, That the foregoing shall not apply where any other agency (hereinafter referred to as "examining authority") is authorized to examine the ethicality and soundness of a media product at issue pursuant to other statute.

(2) If no examining authority has examined whether a media product is harmful to juveniles, but the Commission on Youth Protection deems it necessary to protect juveniles, it may request the competent examining authority to examine the product.

(3) Notwithstanding the proviso to paragraph (1), if the Commission on Youth Protection finds, as a result of its examination, that either of the following media products is harmful to juveniles, it may determine the media product as harmful to juveniles:

1. A media product examined at the request of an examining authority;

2. A media product distributed without undergoing an examination by the competent examining authority as to whether is harmful to juveniles.

(4) If the Commission on Youth Protection or an examining authority finds, as a result of its examination of a media product, that the distribution of its content is prohibited by the Criminal Act or any other statute, it shall request relevant authorities, without delay, to impose criminal punishment or make an administrative

Article 7

disposition: Provided, That if an examining authority has a different procedure prescribed by a relevant statute, the procedure shall apply to such cases.

(5) If a media product falls under any of the following, the Commission on Youth Protection or an examining authority may specify the type, title, and content of the media product, upon receipt of an application or ex officio, and may determine it as a media product harmful to juveniles:

1. Media products produced and released for any person other than juveniles in view of the purpose of production and release;

2. Media products the distribution of which to juveniles can hardly be prevented, if each of the media products is determined separately as harmful to juveniles.

(6) Matters necessary for the procedure for the examination and determination by the Commission on Youth Protection shall be prescribed by Presidential Decree.

Article 8 (Rating, etc.)

(1) When the Commission on Youth Protection or an examining authority examines and determines media products pursuant to Article 7, it may categorize media products not determined as harmful to juveniles, in consideration of the nature of each media product, the degree of harmfulness to juveniles, the time and place of use, etc., by ratings according to the age group of juveniles

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allowed access to such media products. In such cases, information about whether the content of a media product is violent, lewd, or suggestive of speculation and the degree of violence, lewdness, and speculation to which it suggests (hereafter referred to as "information about the content of a media product" in this Article) may be added.

(2) Necessary matters regarding the method for rating under paragraph (1) and the types of information about the content of a media product shall be prescribed by Presidential Decree.

Article 9 (Criteria for Examination of Media Products Harmful to Juveniles)

(1) If the Commission on Youth Protection or an examining authority finds, as a result of its examination under Article 7, that a media product falls under any of the following, it shall determine the media product as harmful to juveniles:

1. If a media product is lewd or obscene to arouse juveniles' sexual desire;

2. If a media product is likely to urge juveniles to commit an atrocity or crime;

3. If a media product provokes or glamorizes violent acts in various forms, including sexual violence, and the abuse of drugs;

4. If a media product induces juveniles to gambling and speculation or is

Article 9

likely to significantly harm the heathy lives of juveniles;

5. If a media product is anti-social or unethical to hinder juveniles' formation of good character and citizen consciousness;

6. If a media product is obviously likely to harm the mental or physical health of juveniles in any other aspect.

(2) The criteria under paragraph (1) shall be applied on the basis of the notion generally accepted in society, and the literary, artistic, educational, medical, and scientific aspects that each media product has and the characteristics of each media product shall be taken into consideration.

(3) Necessary matters regarding the detailed criteria for examining whether a media product is harmful to juveniles and the application of such criteria shall be prescribed by Presidential Decree.

Article 10 (Adjustment of Results of Examination)

If the results of the examination conducted by an examining authority on a media product for the protection of juveniles substantially differ from the results of the examination by another examining authority on the same media product, the Commission on Youth Protection may request the examining authorities to adjust the results of their examinations, and the examining authorities so requested shall comply with such request, unless there is a compelling reason not to do so.

Article 10

Article 11 (Self-Regulation on Media Products Harmful to Juveniles)

(1) The producer, publisher, or distributer of media products or an organization related to media products may determine directly whether a media product is harmful to juveniles and may request the Commission on Youth Protection or an examining authority to confirm its determination.

(2) Upon receipt of a request for confirmation of determination under paragraph (1), the Commission on Youth Protection or an examining authority shall confirm the determination, if it finds, as a result of its examination, that the determination is proper, and the Commission on Youth Protection may entrust such conformation to an examining authority, if necessary.

(3) When the Commission on Youth Protection or an examining authority confirms a determination under paragraph (2), it may affix a mark of confirmation on the relevant media product.

(4) The producer, publisher, or distributer of media products or an organization related to media products shall affix on a media product, a mark similar to the mark under Article 13, indicating that a media product is harmful to juveniles, or shall seal such media product in a package similar to the package specified in Article 14.

(5) If the Commission on Youth Protection or an examining authority discovers

Article 11

a media product with a mark, or in a package, indicating pursuant to paragraph (4) that it is harmful to juveniles, it shall determine whether the product is harmful to juveniles.

(6) A media product with a mark affixed or sealed on a package by the producer, publisher, or distributer of media products or an organization related to media products pursuant to paragraph (4), indicating that it is harmful to juveniles, shall be deemed harmful to juveniles, as defined in this Act, until the Commission on Youth Protection or an examining authority makes a final determination.

(7) The Government may provide education, information, and data about the criteria for the examination of media products harmful to juveniles, to producers, publishers, and distributers of media products or organizations related to media products in order to encourage self-regulation.

(8) Necessary matters regarding the procedures and methods for determining and confirming whether a media product is harmful to juveniles under paragraphs (1) through (6) shall be prescribed by Presidential Decree.

Article 12 (Review of Media Products Harmful to Juveniles)

(1) If the producer, publisher, or distributer of a media product has an objection to the examination and determination by the Commission on Youth Protection under Article 7, he/she may make a request for review from the Commission on Youth Protection within 30 days from the date he/she is notified of the results

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of the examination and determination.

(2) A request for review pursuant to paragraph (1) shall not have any impact on the examination and determination under Article 7 or the execution of the procedure for publicly notifying media products harmful to juveniles under Article 21.

(3) The Commission on Youth Protection shall examine a request for review pursuant to paragraph (1) and make a determination thereon within 30 days from the date of receiving the request and shall notify the requester of the results thereof: Provided, That if it is impracticable to make a decision on review within 30 days, the period may be extended by not more than 30 days by resolution of the Commission on Youth Protection. <Amended by Act No. 11179, Jan. 17, 2012>

(4) Necessary matters regarding the request for review under paragraph (1) and the determination thereon shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.

Article 13 (Duty to Indicate Harmfulness to Juveniles)

(1) Any of the following persons shall affix a mark indicating that it is harmful to juveniles (hereinafter referred to as "mark indicating harmfulness to juveniles") to media products harmful to juveniles:　Provided, That in cases where other statutes specified persons obligated to affix a label indicating harmfulness to juveniles, those persons shall be governed by the relevant statutes: <Amended by Act No. 11673, Mar. 22, 2013>

1. Where a media

Article 13

product harmful to juveniles falls under the category of motion pictures under the Promotion of the Motion Pictures and Video Products Act: A motion picture screener under subparagraph 9 (d) of Article 2 of the Promotion of the Motion Pictures and Video Products Act;

2. Where a media product harmful to juveniles falls under the category of video products under the Promotion of the Motion Pictures and Video Products Act: A person who manufactures, imports, reproduces, or provides such video products;

3. Where a media product harmful to juveniles falls under the category of game products under the Game Industry Promotion Act: A person who manufactures, imports, reproduces, or provides such game products;

4. Where a media product harmful to juveniles falls under the category of phonorecords, music files, music video products, or music video files defined in the Music Industry Promotion Act: A person who manufactures, imports, reproduces, or provides such phonorecords, music files, music video products, and music video files;

5. Where a media product harmful to juveniles falls under the category of performances (excluding performances of Korean classical music) defined in the Public Performance Act:　A person who leads a public performance among the performers defined in subparagraph 3 of Article 2 of the Public Performance

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Act;

6. Where a media product harmful to juveniles falls under the category of code, words, sound, or visual information transmitted through a telecommunications system defined in the Telecommunications Business Act: A person who provides such code, words, sound, or visual information;

7. Where a media product harmful to juveniles falls under the category of broadcasting programs defined in the Broadcasting Act: A broadcasting business operator under subparagraph 3 of Article 2 of the Broadcasting Act;

8. Where a media product harmful to juveniles falls under the category of newspapers or internet newspapers defined in the Act on the Promotion of Newspapers, etc.: A publisher under subparagraph 7 of Article 2 of the Act on the Promotion of Newspapers, etc.;

9. Where a media product harmful to juveniles falls under the category of magazines, information publications, electronic publications, or other publications defined in the Act on Promotion of Periodicals, Including Magazines: A person who produces, imports, publishes or provides such magazines, information publications, electronic publications, or other publications;

10. Where a media product harmful to juveniles falls under the category of publications, electronic books, or foreign publications defined in the Publishing Industry Promotion Act:

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A person who produces, imports, publishes or provides such publications, electronic books, or foreign publications;

11. Where a media product harmful to juveniles falls under the category of advertisements which are classified as publications: A person obliged to affix a mark indicating harmfulness to juveniles to such publications.

(2) The kinds of marks indicating harmfulness to juveniles under paragraph (1), the timing and method for affixing such marks, and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 11673, Mar. 22, 2013>

Article 14 (Duty to Seal in Package)

(1) A media product harmful to juveniles shall be sealed in a package. If it is impracticable to seal a media product in a package due to its nature, protective measures equivalent to sealing in a package, shall be formulated and applied.

(2) The kinds of media products to be sealed in a package pursuant to paragraph (1), protective measures equivalent to sealing in a package, persons obligated to seal a media product in a package, the packing method, and other necessary matters regarding packing shall be prescribed by Presidential Decree.

Article 15 (Prohibition on Destruction of Mark or Package)

No one shall destroy

Article 14 ~ 15

a mark indicating harmfulness to juveniles under Article 13 or a package under Article 14.

Article 16 (Prohibition of Sale, etc.)

(1) A person who intends to sell, lend, or distribute a media product specified by Presidential Decree as harmful to juveniles to a person or provide such product to a person for viewing, watching, or using shall verify the age and identity of the other party and shall not sell, lend, or distribute such product to a juvenile or provide such product to a juvenile for viewing, watching, or use.

(2) A media product that shall bear a mark indicating harmfulness to juveniles pursuant to Article 13 shall not be exhibited or displayed for sale or rental without a mark indicating harmfulness to juveniles.

(3) A media product that shall be sealed in a package pursuant to Article 14 shall not be exhibited or displayed for sale or rental without being sealed in a package.

(4) The method for verifying the age and identity of a person pursuant to paragraph (1) and other necessary matters regarding the prohibition of sale of media products harmful to juveniles shall be prescribed by Presidential Decree.

Article 17 (Separation, Segregation, etc.)

(1) No media product harmful to juveniles shall be exhibited or displayed for sale or rental without being separated or segregated from media

Article 16 ~ 17

products that may be distributed to juveniles.

(2) No media product that falls under any provision of subparagraph 2 (a) through (c) and (g) through (i) shall be exhibited or displayed for the purpose of distribution through an automatic machine or unmanned vending machine: Provided, That the foregoing shall not apply to the following cases:

1. Where a person who installs an automatic machine or unmanned vending machine can restrain juveniles from purchasing a media product harmful to juveniles;

2. Where an automatic machine or unmanned vending machine is installed in a business establishment prohibited from access by and employment of juveniles.

(3) Necessary matters regarding methods for separation and segregation under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 18 (Restriction on Broadcasting Hours)

No media products for broadcasting, among media products specified as harmful to juveniles under subparagraph 2 (f), (j), and (k) of Article 2, shall be broadcast during the hours specified by Presidential Decree.

Article 19 (Restrictions on Advertisements)

(1) No one shall install, post, or distribute an outdoor advertisement defined

Article 18 ~ 19

in the Outdoor Advertisements, etc. Control Act, among media products specified as harmful to juveniles in subparagraph 2 (j) of Article 2, at a place open to the public, as specified in any of the following subparagraphs, or install, post, or distribute a commercial advertisement by means of a computer communications system with no device to restrict juveniles' access:

1. Any business establishment other than business establishments subject to prohibition of access by and employment of juveniles;

2. A place with public traffic.

(2) No media product specified as harmful to juveniles in subparagraph 2 (j) of Article 2 (excluding outdoor advertisements defined in the Outdoor Advertisements, etc. Control Act) shall be sold, lent, distributed to juveniles or provided for viewing, watching, or use by juveniles.

(3) The method for restricting advertisements under paragraphs (1) and (2), the places where such advertisements are restricted, and other matters necessary for the restriction on advertisements shall be prescribed by Presidential Decree.

Article 20 (Revocation of Determination of Media Products Harmful to Juveniles)

If the Commission on Youth Protection and the competent examining authority find that a media product determined as harmful to juveniles

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is no longer harmful to juvenil, they shall revoke the determination made under Article 7 that the media product was harmful to juveniles.

Article 21 (Notification and Public Notification of Determination, etc. of Media Products Harmful to Juveniles)

(1) When an examining authority determines that some media products are harmful to juveniles or confirms or revokes such determination, it shall notify the list of such media products and the ground for such determination, confirmation, or revocation to the Commission on Youth Protection.

(2) The Minister of Gender Equality and Family shall publicly notify the list of media products that the Commission on Youth Protection and the competent authorities determine or confirm as harmful to juveniles or the list of media products regarding which they revoke the determination as harmful to juveniles (hereinafter referred to as "list of media products harmful to juveniles"), clearly stating the ground for determination, confirmation, or revocation of such determination and the time such determination, confirmation, or revocation takes effect.

(3) The Minister of Gender Equality and Family shall notify the list of media products harmful to juveniles to examining authorities, central administrative agencies related to juveniles or media products, local governments, guiding or controlling institutions involved in the protection of juveniles, and other organizations involved in the protection of juveniles (hereinafter

Article 21

referred to as "related agencies and institutions, etc."), may notify such list to individuals, corporations, and organizations engaging in the business of distributing media products, if necessary, and may also notify such list to persons with parental authority, etc. if persons with parental authority, etc. request so to do.

(4) Necessary matters regarding the public notification and notification of the lists of media products harmful to juveniles under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.

Article 22 (Special Cases regarding Foreign Media Products)

No one shall aid and abet a person, for profit, to distribute a media product harmful to juveniles according to the criteria for examination under Article 9 (including translated, adapted, or edited versions of a media product and media products with subtitles or captions inserted therein), among media products produced and published in a foreign country, to juveniles, or carry such media product for such purpose.

Article 23 (Disclosure of Providers of Media Products Harmful to Juveniles via Information and Communications Network)

(1) If a person who produces, publishes, or distributes a media product harmful to juveniles via an information and communications network, defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., falls under any of the following subparagraphs,

Article 22 ~ 23

the Minister of Gender Equality and Family may disclose the name of the business establishment to which the person who produces, publishes, or distributes the media product harmful to juveniles belongs, the name of the representative of the business establishment, and the details of the offense:

1. If a person provides a juvenile with a media product harmful to juveniles without affixing a mark indicating that the media product is harmful to juveniles;

2. If a person transmits an advertisement for a media product harmful to juveniles to a juvenile or publicly exhibits an advertisement for a media product harmful to juveniles without taking measures for restricting access by juveniles.

(2) The Minister of Gender Equality and Family shall provide a person about whom he/she intends to disclose information with an opportunity to present an opinion thereon before he/she discloses such information under paragraph (1).

(3) Necessary matters regarding the method and procedure for disclosing information under paragraph (1) shall be prescribed by Presidential Decree.

CHAPTER III PREVENTION OF JUVENILES' ADDICTION TO INTERNET GAMES

Article 24 (Consent of Person with Parental Authority, etc. over U

Article 24

sers of Internet Games)

(1) If a person, who intends to subscribe to a game product provided in real time (hereinafter referred to as "Internet game") via an information and communications network, defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., among game products defined in the Game Industry Promotion Act, is a juvenile under the age of 16, the provider of such game product (referring to a person who has reported him/herself as a value-added telecommunications business operator, as defined in Article 22 of the Telecommunications Business Act, including where a person is deemed to have reported him/herself as a value-added telecommunications business operator under the latter part of paragraph (1) or paragraph (4) of the aforesaid Article; the same shall apply hereinafter) shall obtain consent thereto from the person with parental authority, etc. over the juvenile.

(2) Matters to which consent from a person with parental authority, etc. is required under paragraph (1) shall be provided for in the Game Industry Promotion Act.

Article 25 (Duty of Internet Game Providers to Notify)

(1) The provider of an Internet game shall notify a person with parental authority, etc. over a juvenile member under the age of 16 of the following matters relevant to such juvenile:

1. Basic information about characteristics and the rating (referring to

Article 25

the rating f a game prduct under Article 21 f the Game Industry Promotion Act) of the game provided and the fee-charging policy;

2. Hours permissible for the use of the Internet game;

3. Information about payment for the use of the Internet game.

(2) Necessary matters regarding notification under paragraph (1) shall be provided for in the Game Industry Promotion Act.

Article 26 (Restriction on Hours Provided for Internet Games in Late Night Time)

(1) No provider of an Internet game shall provide the Internet game to juveniles under the age of 16 between 12 midnight and 6 A.M.

(2) The Minister of Gender Equality and Family shall evaluate once every two years on whether the scope of game products subject to restriction on hours permissible for providing internet games late at night under paragraph (1) is proper, consulting thereon with the Minister of Culture, Sports and Tourism, and shall take measures for improvement, etc. as prescribed by Presidential Decree.

(3) Necessary matters regarding the method, procedure, etc. for evaluation under paragraph (2) shall be provided for in the Game Industry Promotion Act.

Article 26

Article 27 (Support for Juveniles Afflicted with Addiction to Internet Game, etc.)

(1) The Minister of Gender Equality and Family may provide service for prevention, counseling, medical treatment, rehabilitation, etc. to juveniles afflicted physically, mentally, or socially as a consequence of misuse or abuse of a media product, including addiction to an Internet game (referring to where a user of an Internet game sustains an injury on any of his/her physical, mental, or social functions in daily life, from which he/she cannot recover easily, as a consequence of excessive use of an Internet game), consulting with the heads of related central administrative agencies thereon.

(2) Further details regarding the support under paragraph (1) shall be prescribed by Presidential Decree.

CHAPTER IV REGULATION ON DRUGS, ETC., ACTIVITIES, AND BUSINESS ESTABLISHMENTS HARMFUL TO JUVENILES

Article 28 (Prohibition of Sale, Rental, etc. of Drugs, etc. Harmful to Juveniles)

(1) No one shall sell, lend, or distribute drugs and articles harmful to juveniles (including cases where such drugs and articles are sold,

Article 27 ~ 28

lent, or distributed through an automatic machine, unmanned vending machine, or telecommunications system) to juveniles or provide such drugs and articles to juveniles free of charge: Provided, That the foregoing shall not apply to cases specified by Presidential Decree as cases where such drugs and articles are provided for education, experiment, or medical treatment.

(2) No one shall purchase drugs and articles harmful to juveniles at the request of a juvenile and provide it to the juvenile.

(3) A person who intends to sell, lend, or distribute drugs and articles harmful to juveniles to a person shall verify the person's age.

(4) When any person falling under any of the following sells, lends or distributes alcoholic beverages or tobacco among drugs harmful to juveniles (hereinafter referred to as “alcoholic beverages, etc.”), he/she shall indicate the prohibition on selling, lending, or distributing alcoholic beverages, etc. to juveniles in the relevant business establishment (including an automatic machine and unmanned vending machine): Provided, That this shall not apply to a business establishment prohibited from access by and employment of juveniles: <Newly Inserted by Act No. 12534, Mar. 24, 2014>

1. An owner of a retail business of alcoholic beverages pursuant to the Liquor Tax Act;

2. An owner of a

Article 28

retail business of tobacco pursuant to the Tobacco Business Act;

3. Other business owner of a business establishment prescribed by Presidential Decree.

(5) The Minister of Gender Equality and Family shall prepare a list of drugs and articles harmful to juveniles and notify the list to agencies and institutions related to drugs and articles harmful to juveniles and may notify the list to individuals, corporations, and organizations engaging in distributing drugs and may also notify the list to persons with parental authority, etc. at the request of persons with parental authority, etc. <Amended by Act No. 12534, Mar. 24, 2014>

(6) Either of the following persons shall affix a label indicating that it is harmful to juveniles to drugs and articles harmful to juveniles: <Amended by Act No. 11673, Mar. 22, 2013; Act No. 12534, Mar. 24, 2014>

1. A person who manufactures or imports drugs harmful to juveniles;

2. A person who produces or imports articles harmful to juveniles.

(7) The method for preparing a list of drugs and articles harmful to juveniles under paragraph (5), the timing to notify the list, the persons to whom the list shall be notified, and other necessary

Article 28

matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 12534, Mar. 24, 2014>

(8) The phrase and size of the indication pursuant to paragraph (4) and the categories, timing, and methods of indicating harmfulness to juveniles under paragraph (6), and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 11673, Mar. 22, 2013; Act No. 12534, Mar. 24, 2014>

(9) Articles 14 and 15 shall apply mutatis mutandis to the sealing in a package of drugs harmful to juveniles, etc. In such cases, “media products harmful to juveniles” and “media products” shall be construed respectively as “drugs and articles harmful to juveniles, etc.” <Newly Inserted by Act No. 11673, Mar. 22, 2013; Act No. 12534, Mar. 24, 2014>

Article 29 (Prohibition of Employment of Juveniles, Restriction on Access by Juveniles, etc.)

(1) The owner of a business establishment harmful to juveniles shall not employ a juvenile. When the owner of a business establishment harmful to juveniles intends to employ a person, he/she shall verify the person's age.

(2) The owner or an employee of a business establishment subject to prohibition of access by and employment of juveniles shall verify the age of each person entering into the business establishment and shall deny access by juveniles.

Article 29

(3) If it is necessary to verify a person's age pursuant to paragraph (1) or (2), the business owner or an employee of a business establishment harmful to juveniles may demand a person to produce a resident registration certificate or other identification certificate with which the person's age can be verified (hereafter referred to as "identification certificate" in this paragraph) and may deny a person access to the business establishment, if the person does not produce an identification certificate without good cause, although he/she is demanded to produce an identification certificate.

(4) Notwithstanding paragraph (2), a juvenile accompanied by a person with parental authority, etc. may be permitted to enter into a business establishment, as prescribed by Presidential Decree: Provided, That no juvenile shall be permitted to have access to a business establishment specified by Presidential Decree, among business establishments serving food as defined in the Food Sanitation Act.

(5) The owner and employees of a business establishment harmful to juveniles shall post a sign indicating that access by and employment of juveniles are restricted at the business establishment, as prescribed by Presidential Decree.

Article 30 (Prohibition of Activities Harmful to Juveniles)

No one shall engage in any of the following activities with regard to juveniles:

1. Employing a juvenile for profit, to have the juvenile engage in bodily

Article 30

contact, expose any of his/her intimate body parts, or provide sexual entertainment or acting as an agent or broker for any of such activities;

2. Employing a juvenile for profit, to have the juvenile drink with guests or entertain guests by singing or dancing, or acting as an agent or broker for such activities;

3. Employing a juvenile for profit or promotion, to have the juvenile give an obscene performance;

4. Showing the disabled or disfigured appearance of a juvenile for profit or promotion to the general public;

5. Forcing a juvenile to engage in begging, or begging through a juvenile;

6. Abusing a juvenile;

7. Employing a juvenile for profit, to solicit guests on the street;

8. Engaging in business activities corrupting public morals, such as accepting male and female juveniles as guests to stay in a room together, or providing a place for such business activities;

9. Employing a juvenile for a business establishment mainly preparing and selling tea or coffee to have the juvenile deliver the tea or coffee to somewhere outside the place of business,

Article 30

or aid and abet or connive such activities.

Article 31 (Designation, etc. of Zone subject to Prohibition of or Restriction on Access by Juveniles)

(1) If the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as "the head of a Si/Gun/Gu") deems it necessary for the protection of juveniles, he/she shall designate an area that is likely to adversely affect the mental or physical health of juveniles, as a zone subject to prohibition of or restriction on access by juveniles. <Amended by Act No. 11673, Mar. 22, 2013>

(2) If the head of a Si/Gun/Gu has a compelling reason, such as prevention of juvenile crimes or wrongdoing, he/she may prohibit or restrict juveniles' access to an area designated under paragraph (1) during specified hours.

(3) Detailed guidelines for the designation of a zone subject to prohibition of or restriction on access by juveniles under paragraphs (1) and (2) and the methods for guidance and control shall be prescribed by Municipal Ordinance. Opinions from related agencies and institutions in the relevant area, such as the competent police agency or station and schools, and local residents shall be factored into such cases.

(4) If a juvenile attempts to enter into a zone subject to prohibition of or

Article 31

estiction on access by juveniles in violation of paagaph (2), the head of the competent Si/Gun/Gu or the chief of the competent chief police station may deny access and may order a juvenile who has entered into such zone to leave the zone.

Article 32 (Restriction on Effect of Claims to Juveniles)

(1) A claim that a person who has committed any offense specified in Article 30 has against a juvenile in connection with such act shall be void, irrespective of the form or cause of the relevant agreement.

(2) A claim that the owner of a business establishment specified in subparagraph 5 (a) (iii) or (b) (iii) of Article 2 has against a juvenile in connection with employment shall be void, irrespective of the form or cause of the relevant agreement.

CHAPTER V IMPLEMENTATION OF PROGRAMS FOR PROTECTION OF JUVENILES

Article 33 (Formulation, etc. of Comprehensive Measures for Protection of Juveniles)

(1) The Minister of Gender Equality and Family shall formulate and implement comprehensive measures to protect juveniles from environments harmful to juveniles (hereafter referred to as "comprehensive measures") once every three years, consulting thereon

Article 32 ~ 33

with the heads of related central administrative agencies and local governments.

(2) The Minister of Gender Equality and Family shall inspect the current progress of implementation of comprehensive measures annually and may operate an inspection council jointly with related agencies and institutions.

(3) The Minister of Gender Equality and Family may request the heads of related agencies and institutions to provide him/her with data necessary to formulate comprehensive measures and operate the inspection council under paragraph (2). The head of a related agency or institution shall comply with such request, unless there is a compelling reason not to do so.

(4) The Minister of Gender Equality and Family shall survey the actual status of juveniles' contact with environments harmful to juveniles periodically in order to effectively formulate and implement comprehensive measures, and may take comprehensive measures for inspecting and controlling environments harmful to juveniles jointly with the heads of related central administrative agencies or local governments.

(5) Necessary matters regarding the formulation and implementation of comprehensive measures and the operation of the inspection council under paragraph (2) shall be prescribed by Presidential Decree.

Article 34 (Enhancement, etc. of Juveniles' Abilities to Deal with Harmful Environment)

Article 34

(1) The Minister of Gender Equality and Family may implement the following programs, consulting with the heads of related central administrative agencies, in order to enhance juveniles' abilities to deal with environments harmful to juveniles and prevent and eliminate injuries inflicted upon juveniles by misuse or abuse of media products:

1. Education for enhancing juveniles' abilities to deal with harmful environments and the development and diffusion of programs for such education;

2. Nurturing of human resources specializing in the enhancement of juveniles' abilities to deal with environments harmful to juveniles;

3. Counseling and guidance for juveniles' use of media products;

4. Special counseling and medical treatment for juveniles injured by misuse or abuse of media products;

5. Prevention of harm caused by drugs harmful to juveniles and medical treatment and rehabilitation of juveniles injured by such drugs.

(2) The Minister of Gender Equality and Family may entrust the implementation of a program specified in any subparagraph of paragraph (1) to a corporation or organization operated for the purpose of the protection of juveniles. In such cases, the Minister of

Article 34

Gender Equality and Family may fully or partially subsidize such corporation or organization, within budget limits, for expenses incurred in implementing a program.

Article 34-2 (Medical Treatment, etc. of Addiction to Hallucinogenic Substances)

(1) The Minister of Gender Equality and Family may designate and operate a facility or agency equipped with human resources, such as specialists of addiction psychiatry or juvenile psychiatry, and relevant equipment, as a specialized medical care center for juvenile addiction to hallucinogenic substances (hereinafter referred to as “specialized juvenile medical care center”) in order to support following matters. In such cases, necessary expenses for test, medical treatment and rehabilitation may be supported in whole or in part:

1. Test for identifying addiction of juveniles snorting hallucinogenic substances;

2. Medical treatment and rehabilitation of juveniles identified as addicted to hallucinogenic substances.

(2) The Minister of Gender Equality and Family may support juveniles snorting hallucinogenic substances to be tested in a specialized juvenile medical care center in order to identify whether he/she is addicted or not, if there is an application by a person prescribed by Presidential Decree, including the person and persons with parental authority, etc. protective dispositions of the court, or conditional suspension of prosecution

Article 34-2

of a prosecutor, etc. under the Juvenile Act. In such cases, the test period shall be within one month.

(3) The Minister of Gender Equality and Family may support juveniles identified as addicted to hallucinogenic substances to receive medical treatment and rehabilitation in a specialized juvenile medical care center, if there is an application by a person prescribed by Presidential Decree, including the person and persons with parental authority, etc. or protective dispositions of the court or conditional suspension of prosecution of a prosecutor, etc. under the Juvenile Act. In such cases, the medical treatment and rehabilitation period shall be within six months, and may be extended within the scope of three months.

(4) The Minister of Gender Equality and Family may consult psychiatrist, etc. when he/she makes a decision under paragraphs 2 and 3.

(5) The head of a specialized juvenile medical care center, employees thereof or a person who was in the position thereof shall not diverge any secret acquired in the course of performing his/her duty.

(6) Designation and operation of a specialized juvenile medical care center, test of addiction, medical treatment and rehabilitation, application and consultation of persons with parental authority, etc. and other necessary matters shall be prescribed by Presidential Decree.

[This Article Newly

Article 34-2

Inserted by Act No. 12699, May. 28, 2014]

Article 35 (Establishment and Operation of Centers for Protection and Rehabilitation of Juveniles)

(1) The Minister of Gender Equality and Family may establish and operate centers for the protection and rehabilitations of juveniles (hereinafter referred to as "juvenile protection and rehabilitation centers") in order to protect juveniles from environments harmful to juveniles and provide services for medical treatment and rehabilitation to injured juveniles.

(2) The Minister of Gender Equality and Family may entrust the establishment and operation of juvenile protection and rehabilitation centers to a corporation or organization established for the purpose of protecting juveniles. In such cases, the Minister of Gender Equality and Family may fully or partially subsidize such corporation or organization for expenses incurred in establishing and operating juvenile protection and rehabilitation centers.

(3) Necessary matters regarding the establishment and operation of juvenile protection and rehabilitation centers shall be prescribed by Presidential Decree in detail.

CHAPTER VI Commission on Youth Protection

Article 36 (Establishment of Commission on Youth Protection)

Article 35 ~ 36

The Commission on Youth Protection (hereafter referred to as "the Commission" in this Chapter) shall be established as an organization affiliated to the Minister of Gender Equality and Family in order to deliberate and resolve on the following matters:

1. Examination and determination of media products, drugs and articles, and business establishments harmful to juveniles;

2. Imposition of penalty surcharges under Article 54 (1);

3. Matters referred to the Commission by the Minister of Gender Equality and Family for deliberation as matters deemed necessary to protect juveniles;

4. Other matters specified by any other Act as subject to deliberation and resolution by the Commission.

Article 37 (Formation of Commission)

(1) The Commission shall be comprised of not more than 11 members, including one chairperson, and one public official in charge of juvenile affairs designated by the Minister of Gender Equality and Family, from among public officials who are members of the Senior Civil Service Corps, shall serve as an ex officio member.

(2) The chairperson of the Commission shall be appointed by the President of the Republic of Korea at the request of the Minister of Gender

Article 37

Equality and Family, from among persons with abundant experience and knowledge of affairs relating to juveniles, while other Commission members shall be appointed or commissioned by the President of the Republic of Korea at the request of the Minister of Gender Equality and Family with recommendation by the chairperson, from among persons who fall under any of the following subparagraphs:

1. Persons who have served as a judge, prosecutor, or attorney-at-law for at least five years;

2. Persons who work or worked for a university or officially recognized research institute as an adjunct professor or in a higher position and who have a major in a field related to juveniles;

3. Public officials of Grade III or public officials in a position equivalent to Grade III or higher, public officials who are members of the Senior Civil Service Corps, and persons who work or worked for a public institution in an equivalent position and have experience in affairs relating to juveniles;

4. Persons who have taken charge of affairs relating to juveniles for at least ten years in a facility or organization for juveniles or an educational institution.

Article 38 (Duties of Chairperson and Meetings)

(1) The chairperson shall represent the Commission and shall have overall control over affairs of the Commission.

Article 38

(2) If the chairperson is unable to perform any of his/her duties due to an unavoidable circumstance, the commission member designated by the chairperson shall act on behalf of the chairperson.

(3) The chairperson shall convene a meeting of the Commission and shall preside over the meeting.

(4) A meeting of the Commission shall be duly formed with attendance of a majority of current commission members and shall adopt a resolution by affirmative votes of a majority of the commission members present at the meeting.

Article 39 (Term of Office for Commission Members)

(1) The term of office of a commission member shall be two years and may be renewed consecutively.

(2) If the office of a non-ex officio commission member becomes vacant, a commission member shall be appointed or commissioned to fill the vacancy within 30 days from the date the office becomes vacant, and the term of office for a commission member appointed or commissioned to fill a vacancy shall coincide with the remaining term of his/her predecessor: Provided, That where the remaining term of a predecessor is less than three months and the number of members who are in office is more than eight, a commission member to be appointed or commissioned for filling such vacancy may not be designated. <Amended by Act No. 11673, Mar. 22, 2013>

Article 40 (Commission Members' Independence in Performing Duties

Article 39 ~ 40

and Guarantee of Status)

(1) No commission member shall be subject to outside instruction or interference in connection with performance of his/her duties.

(2) No commission member shall be dismissed from office against his/her intention, unless a commission member falls under any of the following subparagraphs:

1. If a commission member is sentenced to imprisonment without labor or greater punishment;

2. If a commission member is unable to perform any of his/her duties due to mental or physical debility.

Article 41 (Meetings and Management)

Except as provided for in this Act, necessary matters regarding the management of the Commission shall be prescribed by Presidential Decree.

Article 41-2 (Subcommittees for Examination of Harmful Media Products)

(1) The Minister of Gender Equality and Family may establish subcommittees for examination of harmful media products in order to assist the Commission on Youth Protection in examining and determining media products harmful to juveniles.

Article 41 ~ 41-2

(2) Necessary matters regarding the formation and management of subcommittees under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 11179, Jan. 17, 2012]

CHAPTER VII SUPPLEMENTARY PROVISIONS

Article 42 (Reporting, etc.)

If the Minister of Gender Equality and Family or the head of a Si/Gun/Gu deems it necessary to ascertain whether provisions of this Act are complied with and whether any provision of this Act is violated, he/she may require persons who distribute media products, drugs, or articles harmful to juveniles and the owners of business establishments harmful to juveniles to submit a report and data as necessary, as prescribed by Presidential Decree.

Article 43 (Inspection, Investigation, etc.)

(1) If the Minister of Gender Equality and Family or the head of a Si/Gun/Gu deems it necessary to ascertain compliance with this Act and violation of any provision of this Act, he/she may authorize his/her subordinate public officials to inspect or investigate accounting books, documents, places, and other necessary articles relating to the distribution of media products, drugs, and articles harmful to juveniles and the employment of and access by juveniles at a business establishments harmful to juveniles, and may authorize them to hear statements

Article 42 ~ 43

from parties to a case, interested parties, or witnesses.

(2) If the Minister of Gender Equality and Family or the head of a Si/Gun/Gu deems it necessary, he/she may hear an expert opinion from a person who has special knowledge and experience.

(3) A public official who carries out an affair pursuant to paragraph (1) shall carry an identification certificate indicating his/her authority and produce it to a related person.

Article 44 (Recall and Destruction)

(1) If a media product, drug, or article harmful to juveniles falls under any of the following subparagraphs, the Minister of Gender Equality and Family or the head of a Si/Gun/Gu may order its owner or the person engaging in the distribution of such product, drug, or article harmful to juveniles to recall such thing: <Amended by Act No. 11673, Mar. 22, 2013; Act No. 12534, Mar. 24, 2014>

1. If a media product, drug, or article harmful to juveniles is distributed without a mark indicating harmfulness to juveniles pursuant to Articles 13 (1) and 28 (6) or without being sealed in a package pursuant to Article 14 (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 28 (9));

2. If a media product distributed without being examined by competent examining authorities is determined as a media product harmful

Article 44

to juveniles.

(2) If the Minister of Gender Equality and Family or the head of a Si/Gun/Gu fails to identify a person to whom he/she intends to issue an order to recall a media product, drug, or article harmful to juveniles or a person to whom he/she has issued an order to recall a media product, drug, or article harmful to juveniles fails to comply with the order, he/she him/herself may recall or destroy such media product, drug, or article harmful to juveniles, as prescribed by Presidential Decree.

(3) The Minister of Gender Equality and Family, the head of a Si/Gun/Gu, or the chief of the competent police station may recall and destroy a media product, drug, or article harmful to juveniles, which a juvenile owns or possesses, or make other necessary dispositions.

(4) When the Minister of Gender Equality and Family, the head of a Si/Gun/Gu, or the chief of the competent police station makes a disposition under paragraph (3), he/she shall enter the product name, quantity, owner, possessor, and other details about the disposition in the relevant register.

(5) Matters necessary for the recall and destruction under paragraphs (1) through (3) shall be prescribed by Presidential Decree.

Article 45 (Corrective Order)

(1) If a person falls under any of the following subparagraphs, the Minister

Article 45

of Gende Equality and Family o the head of the competent Si/Gun/Gu may order a corrective order to such person: <Amended by Act No. 11673, Mar. 22, 2013; Act No. 12534, Mar. 24, 2014>

1. A person who fails to affix a mark indicating harmfulness to juveniles on a media product, drug, or article harmful to juveniles in violation of Articles 13 (1) and 28 (6);

2. A person who fails to seal a media product, drug, or article harmful to juveniles in a package in violation of Article 14 (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 28 (9));

3. A person who exhibits or displays a media product harmful to juveniles for sale or rental without a mark indicating the harmfulness to juveniles for profit in violation of Article 16 (2);

4. A person who exhibits or displays a media product harmful to juveniles for sale or rental for profit without sealing it in a package, in violation of Article 16 (3);

5. A person who exhibits or displays a media product harmful to juveniles for sale or rental for profit without separating or segregating it from other products, in violation of Article 17 (1);

6. A person who

Article 45

exhibits r displays a media prduct harmful t juveniles, which falls under any of subparagraph 2 (a) through (c) and (g) through (i) of Article 2 through an automatic machine or unmanned vending machine in violation of Article 17 (2);

7. A person who publicly installs, posts, or distributes a media product harmful to juveniles in the form of an outdoor advertisement, defined in the Outdoor Advertisements, etc. Control Act, among media products specified as harmful to juveniles in subparagraph 2 (j) of Article 2, at any business establishment other than business establishments subject to prohibition of access by and employment of juveniles or at a place open to the public, or a person who installs, posts, or distributes a commercial advertisement by means of a computer communications system with no device to restrict juveniles' access, in violation of Article 19 (1);

7-2. A person who fails to indicate the prohibition on selling, lending, or distributing alcoholic beverages, etc. in violation of Article 28 (4);

8. A person who fails to indicate the fact that access by and employment of juveniles are restricted at a business establishment harmful to juveniles, in violation of Article 29 (5).

(2) Matters necessary for the categories of corrective orders under paragraph (1), the procedure for issuing such orders, and the compliance

Article 45

with such orders shall be prescribed by Presidential Decree.

Article 46 (Elucidation of Grounds for Disposition)

When the Minister of Gender Equality and Family or the head of a Si/Gun/Gu makes a disposition under Article 44 or 45, he/she shall specify the grounds for the disposition in detail.

Article 47 (Cooperation with Heads of Related Administrative Agencies)

(1) When the Minister of Gender Equality and Family deems it necessary for the enforcement of this Act, he/she may seek opinions from the heads of related administrative agencies.

(2) When the Minister of Gender Equality and Family deems it necessary for due performance of obligations under this Act, he/she may request the head of a related administrative agency to cooperate with him/her as necessary.

Article 48 (Administrative Support, etc, for Non-governmental Organizations)

(1) The Minister of Gender Equality and Family or the head of a local government may provide administrative or financial support to non-governmental organizations that perform activities for cleaning up the environment harmful to juveniles, and the head of

Article 46 ~ 48

a local government may issue identiication certiicates indicating that a person performs activities for protecting juveniles from environments harmful to juveniles, as prescribed by Presidential Decree.

(2) The categories of non-governmental organizations under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family in detail.

Article 49 (Reporting)

(1) In any of the following cases, the person who discovers relevant facts shall report his/her discovery to the head of the competent Si/Gun/Gu:

1. When a person discovers that media products, drugs, or articles that seem to be harmful to juveniles are distributed to juveniles;

2. When a person discovers that a juvenile is employed by a business establishment harmful to juveniles or that juveniles enter into a business establishment harmful to juveniles;

3. When a person discovers any other violation of this Act.

(2) The head of a Si/Gun/Gu shall implement measures necessary to encourage reporting under paragraph (1) and may reward persons for reporting, if necessary.

Article 50 (Notification of Juveniles subject to Guidance and Prot

Article 49 ~ 50

ection)

(1) The Minister of Gender Equality and Family, the head of a Si/Gun/Gu, or the chief of the competent police station shall notify a person with parental authority over a juvenile, of any misdeed by the juvenile, if the juvenile has actively induced a violation of any provision of Articles 16 (1), 28 (1), 29 (1) and (2), and subparagraphs 1 through 3 and 7 through 9 of Article 30 or lied about his/her age to cause such violation.

(2) If the Minister of Gender Equality and Family, the head of a Si/Gun/Gu, or the chief of the competent police station finds it necessary to take measures to guide and protect a juvenile referred to in paragraph (1) in consideration of the detail and degree of his/her commitment of violation, he/she shall notify the fact to the head of the school in which the juvenile is enrolled (applicable only if the juvenile is a student) and a person with parental authority over the juveniles.

Article 51 (Establishment, etc. of Regional Juvenile Offices)

The Special Metropolitan City Mayor or a Metropolitan City Mayor, Special Self-governing City Mayor, Do Governor, or Special Self-governing Province Governor may establish a regional juvenile office or take other necessary measures, as prescribed by Municipal Ordinance, in order to protect juveniles within its jurisdiction. <Amended by Act No. 11673, Mar. 22, 2013>

Article 51

Article 52 (Entrustment of Authority)

The Minister of Gender Equality and Family may partially entrust his/her authority under this Act to a nonprofit corporation or organization involved in the protection of juveniles or media products, drugs, or articles, as prescribed by Presidential Decree.

Article 53 (Legal Fiction of Public Officials for Application of Penal Provisions)

A commission member or employee who is not a public official, among persons who are engaged in administrative affairs of the Commission on Youth Protection, shall be deemed a public official for the purpose of applying Articles 129 through 132 of the Criminal Act and Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, to such commission member or employee.

Article 54 (Penalty Surcharges)

(1) If a person who releases or imports media products specified in subparagraph 2 (g) or (h) of Article 2 distributed or distributes a media product that contravenes the guidelines prescribed in any provision of Article 9 (1) for examination without affixing thereto a mark indicating harmfulness to juveniles pursuant to Article 13 or sealing it in a package pursuant to Article 14 before it is determined and publicly notified as a media product harmful to juveniles, the Minister of Gender Equality

Article 52 ~ 54

and Family may impose a penalty surcharge not exceeding 20 million won upon the person who has released or imported the media product.

(2) The head of a Si/Gun/Gu may impose a penalty surcharge not exceeding ten million won upon a person who derives a benefit from an activity specified in any subparagraph of Article 58 or 59, or collect the penalty surcharge from the person, as prescribed by Presidential Decree: Provided, That no penalty surcharge shall be imposed or collected if the relevant business permit has been revoked, the relevant business establishment has been closed, the operation of the relevant business has been suspended, a penalty surcharge has already been imposed, or any other disposition has already been made under another Act.

(3) If a person fails to pay a penalty surcharge imposed under paragraph (1) or (2) by the deadline, the Minister of Gender Equality and Family or the head of the competent Si/Gun/Gu shall collect it in the same manner as delinquent national taxes are collected or as defined in the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013>

(4) If the Minister of Gender Equality and Family or the head of a Si/Gun/Gu discovers that a person has difficulty paying the full amount of a penalty surcharge in a lump sum due to any of the following circumstances, he/she may extend the payment deadline or permit the person to pay it on installment:

Article 54

1. If a person has sustained a great loss of property due to a natural disaster, fire, or other event;

2. If a person has sustained a great loss in business and faces a critical crisis;

3. If it is anticipated that a person can hardly support his/her family and him/herself if he/she pays a penalty surcharge in a lump sum;

4. Where a ground similar to those specified in subparagraphs 1 through 3 exists.

(5) The amount of money collected as penalty surcharges under paragraphs (1) through (3) shall be used by the collecting entity for the following purposes:

1. Development and diffusion of programs for improving the environment harmful to juveniles;

2. Production of media products beneficial to juveniles and support for production of such products;

3. Support for programs conducted by the private sector for guidance and protection of juveniles and support for citizens' campaigns for improving the environment harmful to juveniles;

4. Other programs specified by Presidential Decree for guidance and protection

Article 54

of juveniles.

(6) The guidelines for imposing penalty surcharges under paragraphs (1) through (4), the methods for imposing and paying penalty surcharges, and other matters necessary for the imposition and collection of penalty surcharges shall be prescribed by Presidential Decree.

CHAPTER VIII PENAL PROVISIONS

Article 55 (Penal Provisions)

Any person who commits an offense specified in subparagraph 1 of Article 30 shall be punished by imprisonment with prison labor for at least one but not exceeding ten years.

Article 56 (Penal Provisions)

Any person who commits an offense specified in subparagraph 2 or 3 of Article 30 shall be punished by imprisonment with prison labor for not more than ten years.

Article 57 (Penal Provisions)

Any person who commits an offense specified in any provision of subparagraphs 4 through 6 of Article 30 shall be punished by imprisonment with prison labor for not more than five years.

Article 58 (Penal Provisions)

Any of the following

Article 55 ~ 58

persons shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 20 million won:

1. A person who sells, lends, or distributes media products harmful to juveniles to juveniles or provides such media products to juveniles for viewing, watching, or using for profit in violation of Article 16 (1);

2. A person who aids and abets another person to distribute media products harmful to juveniles to juveniles for profit, in violation of Article 22;

3. A person who sells, lends, or distributes drugs specified in subparagraph 4 (a) (iv) or (v) of Article 2 as harmful to juveniles or articles specified in subparagraph 4 (b) of the aforesaid Article as harmful to juveniles to juveniles in violation of Article 28 (1) (including cases where a person sells, lends, or distributes such drugs or articles through an automatic machine, unmanned vending machine, or telecommunications system);

4. A person who employs a juvenile for a business establishment harmful to juveniles, in violation of Article 29 (1);

5. A person who commits an offense specified in any provision of subparagraphs 7 through 9 of Article 30;

6. A person who fails to recall media products, drugs, or articles harmful

Article 58

to juvenile in violation of Article 44 (1).

Article 59 (Penal Provisions)

Any of the following persons shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding ten million won: <Amended by Act No. 11673, Mar. 22, 2013; Act No. 12534, Mar. 24, 2014>

1. A person who does not affix a mark indicating the harmfulness to juveniles on a media product, drug, or article harmful to juveniles in violation of Articles 13 (1) and 28 (6);

2. A person who does not seal a media product, drug, or article harmful to juveniles in a package in violation of Article 14 (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 28 (9));

3. A person who broadcasts a media product harmful to juveniles, in violation of Article 18;

4. A person who publicly installs, posts, or distributes an outdoor advertisement, defined in Outdoor Advertisements, etc. Control Act, among media products specified as harmful to juveniles in subparagraph 2 (j) of Article 2, at any business establishment, other than business establishments subject to prohibition of access by and employment of juveniles, or at a place open to the general public, or a person

Article 59

who installs, posts, or distributes a commercial advertisement by means of a computer communications system with no device to restrict juveniles' access, in violation of Article 19 (1);

5. A person who provides an Internet game to juveniles under the age of 16 late at night, in violation of Article 26;

6. A person who sells, lends, or distributes a drug or article specified in subparagraph 4 (a) (i) or (ii) of Article 2 as harmful to juveniles (including cases where such drug or article is sold, lent, or distributed through an automatic machine, unmanned vending machine, or telecommunications system) to juveniles or provides such drug or article for profit to juveniles free of charge, in violation of Article 28 (1);

7. A person who purchases a drug or article specified in subparagraph 4 (a) (i) or (ii) of Article 2 as harmful to juveniles at the request of a juvenile and provides it to the juvenile, in violation of Article 28 (2);

7-2. A person who fails to indicate the prohibition on selling, lending, or distributing alcoholic beverages, etc., in violation of Article 28 (4);

8. A person who permits a juvenile to enter a business establishment subject to prohibition of access by and employment of juveniles, in violation of Article 29 (2);

Article 59

9. A person who fails to post a sign indicating that allowing access by and employing juveniles are restricted at a business establishment harmful to juveniles, in violation of Article 29 (5).

Article 60 (Penal Provisions)

Any person who destroys a mark affixed on a media product, drug, or article harmful to juveniles to indicate harmfulness to juveniles, or a package in which such product, drug, or article is sealed, in violation of Article 15 (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 28 (9)), shall be punished by a fine not exceeding five million won. <Amended by Act No. 11673, Mar. 22, 2013; Act No. 12534, Mar. 24, 2014>

Article 61 (Penal Provisions)

(1) Any person who divulge secrecy acquired in the course of performing his/her duty, in violation of Article 34-2 (5), shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding five million won.

(2) Any person who refuses, interferes with, or evades an inspection or investigation conducted by a related public official, in violation of Article 43, shall be punished by a fine not exceeding three million won.

[This Article Wholly Amended by Act No. 12699, May. 28, 2014]

Article 62 (Joint Penal Provisions)

Article 60 ~ 62

If the representative of a legal entity or an agent, employee, or servant who works for a legal entity or an individual violates any provision of Articles 55 through 57 in connection with the business of the legal entity or individual, not only shall such offender be punished accordingly, but the legal entity or individual also shall be punished by a fine not exceeding 50 million won, while if the representative of a legal entity or an agent, employee, or servant of a legal entity or an individual violates any provision of Articles 58 through 61, not only shall such offender be punished accordingly, but the legal entity or individual shall also be punished by a fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply where the legal entity or individual has not neglected due care for and supervision over the business to prevent such violation.

Article 63 (Mitigation of Punishment)

If a person who committed an offense specified in Article 59 rectifies the matter in compliance with an corrective order issued under Article 45, punishment for the offense may be mitigated.

Article 64 (Fines for Negligence)

(1) Any person who fails to comply with an corrective order issued under Article 45 (1) 1, 2, 7, 7-2 or 8 shall be punished by a fine for negligence not exceeding five million won. <Amended by Act No. 12534, Mar. 24, 2014>

(2) Any of the

Article 63 ~ 64

following persons shall be punished by a fine for negligence not exceeding one million won:

1. A person who fails to comply with a demand to submit a report and data under Article 42 or a person who makes a false presentation in such report or data;

2. A person who fails to comply with an corrective order issued under any provision of Article 45 (1) 3 through 6.

(3) Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister of Gender Equality and Family or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)

Article 2 (Special Case concerning Evaluation of Scope of Game Products)

The evaluation conducted initially after this Act enters into force on the scope of game products subject to the restriction on hours permitted to provide Internet games late at night shall be completed by not later than November 20, 2012, notwithstanding the amended provisions of Article 26 (2).

Addenda

Article 3 (Transitional Measure concerning Penal Provisions, etc.)

An act committed before this Act enters into force shall be governed by previous provisions (excluding the former Article 54) for the purpose of applying penal provisions or provisions regarding fines for negligence to such act.

Article 4 Omitted.

Article 5 (Relationship to other Acts)

A citation of the former Juvenile Protection Act or a provision thereof by statutes in force at the time this Act enters into force shall be deemed a citation of this Act or a relevant provision of this Act in lieu of the former provision, if this Act contains such relevant provision.

ADDENDUM <Act No. 11179, Jan. 17, 2012>

This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)

ADDENDUM <Act No. 11673, Mar. 22, 2013>

This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 11862, Jun. 4, 2013>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force on Jan. 1, 2015.

Articles 2 through 12 Omitted.

ADDENDA <Act No. 11998, Aug. 6, 2013>

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

Articles 2 through 3 Omitted.

ADDENDUM <Act No. 12534, Mar. 24, 2014>

This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)

ADDENDUM <Act No. 12699, May 28, 2014>

This Act shall enter into force one year after the date of its promulgation.

Addenda

JUVENILE PROTECTION ACT
- Articles
- Addenda

1. 청소년 보호법

2025-12-30 / 제21277호 / 시행 2026-07-01
YOUTH PROTECTION ACT

2. 청소년 보호법

2025-10-01 / 제21065호 / 시행 2025-10-01
YOUTH PROTECTION ACT

3. 청소년 보호법

2025-04-22 / 제20935호 / 시행 2025-04-22
YOUTH PROTECTION ACT

4. 청소년 보호법

2024-03-26 / 제20423호 / 시행 2024-03-26
YOUTH PROTECTION ACT

5. 청소년 보호법

2021-12-07 / 제18550호 / 시행 2022-01-01
YOUTH PROTECTION ACT

6. 청소년 보호법

2020-12-29 / 제17761호 / 시행 2021-01-01
YOUTH PROTECTION ACT

7. 청소년 보호법

2020-03-24 / 제17091호 / 시행 2020-03-24
YOUTH PROTECTION ACT

8. 청소년 보호법

2018-12-18 / 제15987호 / 시행 2018-12-18
YOUTH PROTECTION ACT

9. 청소년 보호법

2018-12-11 / 제15913호 / 시행 2018-12-11
YOUTH PROTECTION ACT

10. 청소년 보호법

2018-01-16 / 제15353호 / 시행 2018-01-16
YOUTH PROTECTION ACT

11. 청소년 보호법

2017-12-12 / 제15209호 / 시행 2018-03-13
YOUTH PROTECTION ACT

12. 청소년 보호법

2016-12-20 / 제14446호 / 시행 2017-06-21
YOUTH PROTECTION ACT

13. 청소년 보호법

2016-03-02 / 제14067호 / 시행 2016-03-02
YOUTH PROTECTION ACT

14. 청소년 보호법

2016-01-06 / 제13726호 / 시행 2016-07-07
YOUTH PROTECTION ACT

15. 청소년 보호법

2015-06-22 / 제13371호 / 시행 2015-06-22
YOUTH PROTECTION ACT

16. 청소년 보호법

2014-05-28 / 제12699호 / 시행 2015-05-29
YOUTH PROTECTION ACT

17. 청소년 보호법

2014-03-24 / 제12534호 / 시행 2014-09-25
YOUTH PROTECTION ACT

18. 청소년 보호법

2013-08-06 / 제11998호 / 시행 2014-08-07
YOUTH PROTECTION ACT

19. 청소년 보호법

2013-06-04 / 제11862호 / 시행 2015-01-01
YOUTH PROTECTION ACT

20. 청소년 보호법

2013-03-22 / 제11673호 / 시행 2013-09-23
YOUTH PROTECTION ACT

21. 청소년 보호법

2012-01-26 / 제11229호 / 시행 2012-07-27
YOUTH PROTECTION ACT

22. 청소년 보호법

2012-01-17 / 제11179호 / 시행 2012-01-29
YOUTH PROTECTION ACT

23. 청소년 보호법

2011-09-15 / 제11048호 / 시행 2012-09-16
YOUTH PROTECTION ACT

24. 청소년 보호법

2011-07-28 / 제10980호 / 시행 2012-01-29
YOUTH PROTECTION ACT

25. 청소년 보호법

2011-05-19 / 제10659호 / 시행 2011-11-20
YOUTH PROTECTION ACT

26. 청소년 보호법

2010-01-18 / 제9932호 / 시행 2010-03-19
YOUTH PROTECTION ACT

27. 청소년 보호법

2009-07-31 / 제9785호 / 시행 2010-02-01
YOUTH PROTECTION ACT

28. 청소년 보호법

2008-02-29 / 제8877호 / 시행 2008-02-29
YOUTH PROTECTION ACT

29. 청소년 보호법

2006-04-28 / 제7943호 / 시행 2006-10-29
YOUTH PROTECTION ACT

30. 청소년 보호법

2006-02-21 / 제7849호 / 시행 2006-07-01
YOUTH PROTECTION ACT

31. 청소년 보호법

2005-12-29 / 제7800호 / 시행 2006-03-30
YOUTH PROTECTION ACT

32. 청소년 보호법

2005-12-29 / 제7799호 / 시행 2006-03-30
YOUTH PROTECTION ACT

33. 청소년 보호법

2005-03-24 / 제7423호 / 시행 2005-04-27
YOUTH PROTECTION ACT

34. 청소년 보호법

2004-12-31 / 제7292호 / 시행 2006-01-01
YOUTH PROTECTION ACT

35. 청소년 보호법

2004-03-11 / 제7187호 / 시행 2004-06-12
YOUTH PROTECTION ACT

36. 청소년 보호법

2004-01-29 / 제7161호 / 시행 2004-04-30
YOUTH PROTECTION ACT

37. 청소년 보호법

2002-08-26 / 제6721호 / 시행 2003-02-27
YOUTH PROTECTION ACT

38. 청소년 보호법

2001-05-24 / 제6479호 / 시행 2001-08-25
YOUTH PROTECTION ACT

39. 청소년 보호법

2001-04-07 / 제6460호 / 시행 2001-07-01
YOUTH PROTECTION ACT

40. 청소년 보호법

2000-02-03 / 제6261호 / 시행 2000-07-01
YOUTH PROTECTION ACT

41. 청소년 보호법

2000-01-12 / 제6146호 / 시행 2000-07-01
YOUTH PROTECTION ACT

42. 청소년 보호법

1999-03-31 / 제5942호 / 시행 1999-07-01
YOUTH PROTECTION ACT

43. 청소년 보호법

1999-02-05 / 제5817호 / 시행 1999-07-01
YOUTH PROTECTION ACT

44. 청소년 보호법

1998-02-28 / 제5529호 / 시행 1998-02-28
YOUTH PROTECTION ACT

45. 청소년 보호법

1997-03-07 / 제5297호 / 시행 1997-07-01
YOUTH PROTECTION ACT