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STATUTES

THE REPUBLIC OF KOREA

Volume

JUVENILE PROTECTION ACT

Act No. 5297, Mar. 7, 1997

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to regulate the circulation to juveniles of media materials and drugs, etc. which are harmful to them, their visit of business places which are harmful to them, and their other related acts, thereby protecting them against all kinds of harmful social environments and relieving them from these harmful environments and, furthermore, ensuring that they may grow as the persons of fine character.

Article 2 (Definitions)

For the purpose of this Act,

1. the term “juvenile” means any person under eighteen years of age;

2. the term “media material” means material falling under any of the subparagraphs of Article 7;

3. the term “media material harmful to juveniles” means material falling

Article 1 ~ 2

under any of the followi items:

(a) Media material that is determined or confirmed, by the Juvenile Protection Committee, under the conditions provided for in Articles 8 and 12, as harmful to juveniles; and

(b) Media material that is deliberated or determined (hereinafter referred to as the “determination”) as harmful to juveniles by each of the deliberation organizations authorized under the conditions provided for in the proviso of Article 8 (1).

4. the term “drugs, etc. harmful to juveniles” means liquors, tobaccos, psychotropic drugs specified under the Psychotropic Drugs Control Act, narcotics specified under the Narcotics Act, cannabis specified under the Cannabis Control Act, hallucinating materials specified under the Toxic Chemicals Control Act, and drugs and other things as prescribed by the Presidential Decree;

5. the term “business places harmful to juveniles” means business places specified as harmful to juveniles under the Framework Act on Juveniles, amusement businesses specified under the Act on the Regulation of Amusement Businesses Affecting Public Morals, places for watching video products as specified under the Sound Records and Video Products Act, and other business places specified by the Presidential Decree; and

6. the term “circulation”

Article 2

means any act of selling (including street selling, selling by a vending machine, telemarketing, etc.; hereinafter the same shall apply), leasing, distributing, broadcasting (including composite cable broadcasting; hereinafter the same shall apply), performing, showing, exhibiting, advertising, or providing media materials and drugs, etc. for juveniles to view or use these materials and drugs, etc., and any act of printing, duplicating or importing the media materials and drugs, etc. for such purposes mentioned above.

Article 3 (Role of Parents)

A person who has parental power over a juvenile or a person who cares for him on behalf of his parents (hereinafter referred to as “person having parental power, etc.”) shall make necessary efforts so as not to allow him to have access to media materials harmful to juveniles, drugs, etc. harmful to juveniles, or visit business places harmful to juveniles (hereinafter referred to as “environment harmful to juveniles”), and the person having parental power shall, in cases where the juvenile is using such harmful media materials or drugs, etc. or intends to visit such harmful business places, without delay keep him from doing so.

Article 4 (Responsibility of Society)

(1) Anybody shall make necessary efforts to protect juveniles against the environments harmful to juveniles in such a way, that he shall make efforts so as not to allow them to have access or to visit environments harmful to juveniles, and that if he knows

Article 3 ~ 4

that juvenile ue harmful media material and drug, etc., he shall keep them from doing so or shall lead them not to do so, and that if he knows that media materials and drugs etc. are in circulation or juveniles are employed in any business place harmful to juveniles or are visiting such business places, he shall make necessary efforts for the protection of such juveniles, such as making a report or complaint to relevant organizations, etc. as specified under Article 21 (3).

(2) A person whose business is circulating media materials and drugs, etc., a person whose business is managing business places harmful to juveniles, an entity or association composed of these persons, and any other such person or entity shall make independent efforts to protect juveniles by ensuring that media materials and drugs etc. harmful to juveniles are not circulated to them, that juveniles are not employed at any such business places, and they do not visit such business places.

Article 5 (Responsibility of State and Local Governments)

(1) The State shall devise and execute necessary policies to purify the environments harmful to juveniles for the purpose of protecting them against such environments, and local governments shall make necessary efforts to protect them against any such environments under their own jurisdiction.

(2) The State and local governments shall understand that new types of media materials and drugs, etc. which may emerge as a result of scientific and technological development in electronics, telecommunications

Article 5

and medicine are likely to injure the mental and physical health of juveniles, and the government at all levels shall make necessary efforts to protect them against such media materials and drugs, etc. including support for technological development and research projects and the formation of international cooperative arrangements, etc.

(3) The State and local governments may encourage private sector initiatives of juveniles-related entities, etc., to monitor and complaints about harmful environments, and may provide necessary support for this initiative of the private sector, and may reflect the recommendations of these entities in formulating related government policies.

Article 6 (Relationship with Other Acts)

This Act shall, with respect to the regulation of the environments harmful to juveniles, be applied in preference to the provisions of any other Acts.

CHAPTER Ⅱ REGULATION OF CIRCULATION OF HARMFUL MEDIA MATERIALS TO JUVENILES

Article 7 (Scope of Media Material)

The media materials referred to in this Act are the things falling under any of the following subparagraphs:

1. Sound records

Article 6 ~ 7

and video products as referred to in the provisions of the Sound Records and Video Products Act;

2. Electronic playing plates as referred to in the provisions of the Public Health Act;

3. Movie, play, music, dance, and other entertainment programs for viewing as referred to in the provisions of the Public Performance Act and the Promotion of the Motion Pictures Industry Act;

4. Audio, visual-imaged, and written information as referred to in the provisions of the Telecommunications Service Act and the Framework Act on Telecommunications;

5. Educational, music, entertainment, and amusement programs among the broadcasting programs as referred to in the provisions of the Composite Cable Broadcasting Act;

6. Special daily newspapers (excluding newspapers specialized in the field of economy, industry, science, or religion), general weekly newspapers (excluding newspaper specialized in the field of politics or economy), special weekly newspapers (excluding newspapers specialized in the field of economy, industry, science, current affairs or religion), and magazines (excluding magazines specialized in the field of politics, economy, industry, science, current affairs or religion) as referred to in the provisions of the Registration, etc. of Periodicals Act, and among publications other than periodicals referred to in the provisions

Article 7

of the Act, books such as caricature books, picture albums, pictorials, and novels, etc., electronic publications and other publications as prescribed by the Presidential Decree;

7. Signboards, stand-up signboards, posters, leaflets, and other similar commercial advertisements as referred to in the Outdoor Advertisements, etc. Control Act, and commercial advertisements which are contained, inserted, exhibited and included by other means in any of the media materials specified in the provisions of subparagraphs 1 through 6; and

8. Other media materials that are prescribed by the Presidential Decree as materials likely to impede the mental and physical health of juveniles.

Article 8 (Deliberation and Determination of Media Materials Harmful to Juveniles)

(1) The Juvenile Protection Committee as referred to in provisions of Article 27 (hereinafter referred to as the “Juvenile Protection Committee”) shall deliberate whether or not any of the media materials as referred to in the provisions of Article 7 are harmful to juveniles and, if any of the media materials under deliberation is deemed to be harmful to them, the Committee shall determine it to be a media material harmful to juveniles: Provided, That this shall not apply in cases where there is any other organization authorized to deliberate the ethical adequacy of the media material concerned (hereinafter

Article 8

efeed to as “espective delibeation oganization”) under the provisions of this Act or other Acts and subordinate statutes.

(2) In a case where the respective deliberation organization does not deliberate whether or not media material in question is harmful to juveniles, the Juvenile Protection Committee may, when deemed necessary for the purpose of protecting them, request the respective deliberation organization to deliberate on that matter.

(3) As far as the media material falling under any of the following subparagraphs is concerned, notwithstanding the proviso of paragraph (1) of this Article, the Juvenile Protection Committee may deliberate whether or not it is harmful to juveniles and may, if any of the media material is deemed to be harmful to them, determine it as media material harmful to juveniles:

1. Media material requested by the respective deliberation organization as referred to in the proviso of Article 8 (1); and

2. Media material in circulation without the deliberation on its harmfulness to juveniles by the respective deliberation organization as referred to in the proviso of Article 8 (1).

(4) Other necessary matters such as the deliberation and determination methods of the Juvenile Protection Committee, shall be prescribed

Article 8

by the Presiential Decree.

Article 9 (Rating, etc.)

(1) As for media materials which have not been subject to the deliberation and determination of the media materials harmful to juveniles at the time of deliberation and determination as referred to in the provisions of Article 8, the Juvenile Protection Committee and the respective deliberation organizations may, if necessary, rate the media materials concerned in consideration of the degree of harmfulness to juveniles, the age of allowable juvenile users, the properties of media materials in question, the time and place to use these materials, etc.

(2) The Juvenile Protection Committee may request the respective deliberation organization to rate media materials in question as referred to in the provisions of Article 9 (1), when the respective deliberation organization deliberates and determines the matter of whether or not these media materials are harmful to juveniles.

(3) Necessary matters concerning materials subject to rating, types of rating methods, etc. as referred to in the provisions of Article 9 (1) and (2) shall be prescribed by the Presidential Decree.

Article 10 (Criteria for Deliberation of Media Materials Harmful to Juveniles)

(1) In performing

Article 9 ~ 10

the deliberation in accordance with the provisions of Article 8, the Juvenile Protection Committee and the respective deliberation organization shall determine material as juvenile protection media material, in the case where the media material being deliberated falls under any of the following subparagraphs:

1. Voluptuous or obscene material which may stimulate sexual desire of juveniles;

2. That which may cause violence and brutality or an impulse to commit a crime;

3. That which may stimulate or embellish the use of force of all sorts including sexual assault and the abuse of drugs;

4. Anti-social and non-ethical material which may hamper the cultivation of fine character and civic consciousness of juveniles; and

5. Those which are likely to impede the mental and physical health of juveniles.

(2) Specific application of criteria referred to in the provisions of Article 10 (1) shall be made in accordance with a generally accepted notion in society, while simultaneously taking into account literary, artistic, educational, medical and scientific aspect of the media materials concerned and the characteristics of these material.

Article 10

(3) Necessary matters concerning specific criteria for deliberation of materials and their harmfulness to juveniles and the application of these criteria shall be prescribed by the Presidential Decree.

Article 11 (Adjustment of Particulars of Deliberation)

Where there is considerable differences between respective deliberation organizations in particulars of deliberation of the same media materials with regard to the protection of juveniles, the Juvenile Protection Committee may demand an adjustment of the particulars of deliberation concerned, any respective deliberation organization which is asked to make such adjustment shall, save in the case of special grounds to the contrary, respond to the request of the Juvenile Protection Committee.

Article 12 (Self-Regulation of Harmful Media Materials)

(1) An entity related to media materials may autonomously determine a matter of whether any of the media materials in question are harmful to juveniles, and may ask the Juvenile Protection Committee for confirmation of the particulars of such a determination.

(2) The Juvenile Protection Committee which is called for such confirmation as referred to in the provisions of paragraph (1) of this Article shall, where the particulars of the decision are appropriate, confirm these particulars of determination, and may, where deemed necessary, delegate its confirmation power to a

Article 11 ~ 12

respective deliberation organization.

(3) The entity related to media materials as referred to in the provisions of paragraph (1) of this Article, may in advance call for the opinion of the Juvenile Protection Committee with respect to its determination of a matter of whether or not a media material concerned does harm juveniles.

(4) Necessary matters concerning the procedures and methods, etc. for such a decision and confirmation thereof as referred to in the provisions of paragraphs (1) through (3) of this Article, shall be prescribed by the Presidential Decree.

Article 13 (Presentation of Specimen Copy)

(1) A person who imports any media material as referred to in the provisions of subparagraph 6 of Article 7 for the purpose of circulating it to juveniles, shall present a specimen copy of the material to the Juvenile Protection Committee under the conditions as prescribed by the Presidential Decree: Provided, That this shall not apply where otherwise prescribed by the Presidential Decree.

(2) Under paragraph (1) of this Article, the State shall make due reparation for the specimen copy presented to the Juvenile Protection Committee, under the conditions as specified by the Presidential Decree.

Article 14 (Obligation of Indication)

(1) Any media material harmful to juveniles shall carry with it an indication

Article 13 ~ 14

that it is media materials harmful to juveniles (hereinafter referred to as “indication of being harmful to juveniles”).

(2) A person liable for making the indication of material being harmful to juveniles as referred to in the provisions of Article 14 (1), the kind, period and method of the indication of material being harmful to juveniles and other necessary matters shall be prescribed by the Presidential Decree.

Article 15 (Obligation of Packing)

(1) Any media material harmful to juveniles shall be packed: Provided, That this shall not apply to those which cannot be packed due to their characteristics.

(2) The kind of media materials to be packed as referred to in the provisions of paragraph (1) of this Article, a person who is liable for packing these materials, methods of packing the materials, and other necessary matters concerning packing such materials shall be prescribed by the Presidential Decree.

Article 16 (Prohibition from Damaging Indication and Package)

Nobody shall damage the indication of material being harmful to juveniles as referred to in the provisions of Article 14, and the package as referred to in the provisions of Article 15.

Article 17 (Prohibition from Selling, etc.)

Article 15 ~ 17

(1) The media materials harmful to juveniles shall not be sold, leased, or distributed to them, and shall not be provided to them for viewing, listening, showing and using.

(2) Any media material subject to the indication of being harmful to juveniles pursuant to the provisions of Article 14 shall, without such an indication on it, not be displayed or exhibited for the purpose of selling or leasing.

(3) Any media material subject to packing as referred to in the provisions of Article 15 shall, unless having been packed, not be displayed or exhibited for the purpose of selling or leasing.

(4) Other necessary matters concerning the prohibition of sale, etc. of media materials harmful to juveniles, shall be prescribed by the Presidential Decree.

Article 18 (Sectioning and Insulation, etc.)

(1) The media materials harmful to juveniles shall not be exhibited or displaced for sale or leasing without being sectioned and insulated from media materials which are allowed to be circulated to them.

(2) Media materials harmful to juveniles which fall under subparagraph 6 of Article 7, and sound records and video products, shall not be exhibited or displayed for sale by vending machines.

(3) Necessary matters

Article 18

concerning sectioning, insulation, selling methods, etc. as referred to in the provisions of paragraphs (1) and (2) of this Article shall be prescribed by the Presidential Decree.

Article 19 (Restriction on Broadcasting Hours)

Media materials harmful to juveniles which fall under subparagraph 5 of Article 7, and advertisements falling under subparagraph 7 of Article 7 which are placed on air shall not be aired at those broadcasting hours as prescribed by the Presidential Decree.

Article 20 (Restriction on Advertisement)

(1) As media materials harmful to juveniles, such signboard, stand-up signboards, posters, leaflets and other advertisements prescribed by the Presidential Decree as referred to in the provisions of subparagraph 7 of Article 7, shall not be installed, attached or distributed publicly at places where the general public has access to.

(2) As media materials harmful to juveniles, advertisements referred to in the provisions of subparagraph 7 of Article 7 which are collected, inserted, exhibited, or included in other ways in other media materials and objects, etc. shall not be sold or leased to juveniles, or shall not be provided to them for viewing, showing or using.

(3) Necessary matters concerning methods and places of restriction on advertisements as referred to in the provisions of paragraphs (1) and

Article 19 ~ 20

(2) of this Article other matters related to the restrictions on advertisement shall be prescribed by the Presidential Decree.

Article 21 (Preparation and Notification of List of Media Materials Harmful to Juveniles)

(1) The Juvenile Protection Committee and the respective deliberation organization shall, where having determined that media material concerned is media material harmful to juveniles, make a list of these media materials, and the respective deliberation organization shall, where the respective deliberation organization has made such a list, present it to the Juvenile Protection Committee.

(2) The Juvenile Protection Committee shall draw up a table of the list of media materials harmful to juveniles, synthesizing all the lists of the media materials determined to be harmful to juveniles.

(3) The Juvenile Protection Committee shall notify the respective deliberation organizations, central government agencies related to juveniles or media materials, supervisory or regulatory agencies related to the protection of juveniles, and other entities related to the protection of juveniles, etc. (hereinafter referred to as “related agencies, etc.”) about the table of media materials harmful to juveniles as referred to in the provisions of Article 21 (2), and the Committee may, where necessary, give notice of such table to individuals, juristic persons or entities whose business is circulating media materials,

Article 21

and it may, where requested, notify the relatives of juveniles concerned, etc. of the table.

(4) The methods of preparing the table of media materials harmful to juveniles, time of notification, objects of notification, and other necessary matters as referred to in the provisions of Article 21 (2), shall be prescribed by the Ordinance of the Ministry of Culture and Sports.

Article 22 (Public Notice of Media Materials Harmful to Juveniles)

(1) Where deemed necessary for the purpose of protecting juveniles, the Juvenile Protection Committee may publicly announce those media materials determined or confirmed pursuant to the main sentence of Articles 8 (1), (3) and 12, as media materials harmful to juveniles.

(2) The respective deliberation committee may ask the Juvenile Protection Committee to give public notice of the media materials concerned, along with a deliberation statement of these media materials.

(3) When giving public notice as referred to in the provisions of paragraphs (1) and (2) of this Article, the Juvenile Protection Committee shall specify the reason of that public notice.

(4) Necessary matters concerning public notice as referred in the provisions of paragraphs (1) through (3) of this Article, shall be prescribed

Article 22

by the Ordinance of the Ministry of Culture and Sports.

Article 23 (Revocation, etc. of Determination of Media Material Harmful to Juveniles)

(1) Where it is deemed that media materials harmful to juveniles is no longer harmful to them, the Juvenile Protection Committee shall revoke the determination of media materials harmful to juveniles as referred to in the provisions of Article 8 (1) and (3), and shall delete the media materials concerned in the table of media materials harmful to juveniles, and shall notify related agencies, etc. of the fact.

(2) The respective deliberation organization shall, where it revokes its determination of media materials harmful to juveniles, notify the Juvenile Protection Committee of the fact. In this case, the Juvenile Protection Committee shall delete the concerned media materials from the table of media materials harmful to juveniles and shall notify related agencies, etc. of the fact.

(3) The Juvenile Protection Committee shall, where media materials harmful to juveniles as referred to in the provisions of paragraphs (1) and (2) of this Article is already publicly announced to be harmful, give public notice of the fact that the determination that the media materials concerned are harmful to juveniles has been revoked and also the reason for that revocation.

(4) Necessary matters

Article 23

concerning the revocation, etc. of a determination as referred to in the provisions of Article 23 (1) through (3), shall be prescribed by the Ordinance of the Ministry of Culture and Sports.

CHAPTER Ⅲ REGULATION OF BUSINESS PLACES HARMFUL TO JUVENILES AND DRUGS, ETC. HARMFUL TO JUVENILES

Article 24 (Prohibition of Employment by Business Place Harmful to Juveniles, and Restriction on Visiting Business Place)

(1) The owner of a business place harmful to juveniles shall not employ juveniles.

(2) The owner and employees of a business place harmful to juveniles shall display in the business place concerned an indication that the visitation of juveniles to the business place is restricted, and shall not allow them to visit the place by identifying the age of visitors.

(3) Notwithstanding the provisions of paragraph (2) of this Article, juveniles accompanied by a person having parental power, etc. may be allowed to visit the place under the conditions as prescribed by the Presidential Decree.

Article 25 (Designation, etc. of Restricted Area for Juveniles)

Article 24 ~ 25

(1) A local government may, where deemed necessary for the purpose of protecting juveniles, designate any area which is likely to impede their mental and physical health as the restricted area for juveniles.

(2) The local government may restrict the visitation of juveniles to such areas designated pursuant to the provisions of paragraph (1) of this Article, by specifying particular allowable hours of visitation.

(3) Specific criteria for designation of the restricted areas for juveniles as referred to in the provisions of paragraphs (1) and (2) of this Article, and methods for instruction and supervision, etc. may be prescribed by Municipal Ordinance of the local government concerned. In this case, the local government shall reflect the opinions of relevant institutions such as competent police stations, schools, etc, and citizens of the community concerned.

Article 26 (Protection of Juveniles Against Drugs, etc. Harmful to Juveniles)

(1) No one shall sell, lease, or distribute to juveniles drugs, etc. harmful to juveniles.

(2) The Juvenile Protection Committee shall execute necessary policies involving such matters as education, public relations, necessary treatment, rehabilitation, etc. in order to protect juveniles against drugs, etc. harmful to juveniles.

Article 26

(3) The Juvenile Protection Committee shall prepare a table of the drugs harmful to juveniles and shall give notice of the table to central government agencies related to drugs, etc. harmful to juveniles, guidance or supervisory agencies related to the protection of juveniles, and other related entities aiming at protecting juveniles. The Committee may, if necessary, give notice of the table to individuals, juristic persons or entities whose business is circulating drugs, and may, where requested, give notice of the table to the persons having parental power, etc. over juveniles.

(4) Methods of preparing the table of drugs harmful to juveniles, time of notification, object of notification, and any other necessary matters as referred to in the provisions of paragraph (3) of this Article, shall be prescribed by the Ordinance of the Ministry of Culture and Sports.

(5) The provisions of Articles 14 through 16 shall apply mutatis mutandis to drugs, etc. harmful to juveniles.

CHAPTER Ⅳ JUVENILE PROTECTION COMMITTEE

Article 27 (Establishment of Juvenile Protection Committee)

The Juvenile Protection Committee shall be established under the jurisdiction of the Minister of Culture and Sports in order to carry out the business for protecting juveniles as referred to in

Article 27

the provisions of this Act and execute policies designed to protect juveniles against the environments harmful to them.

Article 28 (Function of Juvenile Protection Committee)

The Juvenile Protection Committee shall have jurisdictional power over any of the matters provided in the following subparagraphs:

1. Matters concerning the establishment of basic plans for protecting juveniles against harmful environments and the appraisal of the progress status of the basic plans;

2. Matters concerning the regulation of circulation of media materials harmful to juveniles, and the support for media materials beneficial to juveniles;

3. Matters concerning the protection of juveniles against business places harmful to them;

4. Matters concerning the protection of juveniles against drugs, etc. harmful to them;

5. Matters concerning the receipt and handling of reports on the environments harmful to juveniles, and necessary survey, research and education for protecting juveniles from such environments;

6. Matters concerning support for private sector organizations performing functions related to the protection of juveniles against

Article 28

the environments harmful to them, and the support for civil movements organized to clean up such environments;

7. Matters concerning cooperation and support among administrative agencies for the purpose of protecting juveniles;

8. Matters requested by the heads of relevant central government agencies with regard to the protection of juveniles; and

9. Matters provided for, as being under the jurisdiction of the Juvenile Protection Committee, under this Act and other Acts and subordinate statutes.

Article 29 (Composition of Juvenile Protection Committee)

(1) The Juvenile Protection Committee shall be composed of not less than fifteen, and not more than twenty members including its one chairman.

(2) Any member of the Juvenile Protection Committee shall be a person of knowledge and experience and with a sense of mission, and its chairman shall be appointed by the President upon the proposal of the Minister of Culture and Sports from among anyone falling under any of the following subparagraphs, and the other members of the Committee shall be appointed or commissioned by the President upon the proposal of the Minister of Culture and Sports after recommendation of the chairman:

Article 29

1. A person who is qualified to be a judge, public prosecutor, or attorney;

2. A person who serves or served as an associate or higher professorship or equivalent positions at colleges and universities or officially accredited research institutes and whose academic major is a juvenilerelated field;

3. A person who serves or served at Grade Ⅲ or higher positions for the government or equivalent positions for public agencies and has practical experience with juvenile-related affairs;

4. A person who is specialized in juvenile affairs and has worked for juvenile-related organizations for not less than ten years; and

5. A person with a degree in juvenile-related affairs who is recognized to have special knowledge and experience.

(3) The chairman shall be appointed to the position of GradeⅠstate public official of the extraordinary civil service.

(4) Those persons who are prescribed by the Presidential Decree, among public officials serving in juvenile-related administrative agencies, shall become ex officio members.

Article 30 (Chairman, etc.)

(1) The chairman of the Juvenile Protection Committee shall represent the Committee,

Article 30

and a member nominated by the chairman shall perform his duties on his behalf in a case where he is unable to perform his duties due to compelling reasons.

(2) The Juvenile Protection Committee shall hold its meetings with the attendance of a majority of the total members and shall make a decision with a concurrent vote of a majority of those present.

Article 31 (Term of Office of Members)

(1) The term of office of members of the Juvenile Protection Committee shall be four years, and who may be reappointed for only another four year term: Provided, That ex officio members shall be members of the Committee as long as they hold the position.

(2) Where there is any vacancy in the position of members, the substitute member shall be appointed or commissioned within thirty days after the vacancy occurs, and the term of office of the substitute member shall be the remainder of the term of office of his predecessor.

Article 32 (Autonomy and Job Security of Members)

(1) The members of the Juvenile Protection Committee shall not be subject to any instructions or interference by external forces in connection with their duties.

(2) Any member of the Committee shall not be dismissed against his will except in the cases falling under any of the following subparagraphs:

Article 31 ~ 32

1. Where he has been consigned to an unsuspended sentence of imprisonment without prison labor or to a harsher sentence; and

2. Where he is unable to perform his duties due to prolonged mental and physical hyposthenia.

Article 33 (Organization and Operation)

(1) The Juvenile Protection Committee may set up and operate subcommittees in order to specialize in those affairs falling under its jurisdiction.

(2) A secretariat shall be appointed in the Juvenile Protection Committee in order to deal with the affairs of the Committee.

(3) Necessary matters concerning the organization and operation of the Juvenile Protection Committee other than those prescribed under this Act shall be prescribed by the Presidential Decree.

CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS

Article 34 (Reports, etc.)

The Juvenile Protection Committee may ask those who circulate media materials harmful to juveniles, and drugs, etc. harmful to juveniles, owners of business places harmful to juveniles, and other

Article 33 ~ 34

elated pesons, to make a necessay epot and pesent necessary data or materials to the Committee, in cases where such a request for reporting and data submission is deemed necessary in order to confirm whether or not such persons are complying with those provisions provided for under this Act.

Article 35 (Inspection and Investigation, etc.)

(1) Where deemed necessary in order to see whether or not they are complying with those provisions provided for under this Act, the Juvenile Protection Committee may have public officials belonging to the Committee inspect and investigate records, documents, places, and other necessary objects related to the circulation of media materials harmful to juveniles and drugs, etc. harmful to juveniles, the employment of juveniles by harmful business places, and juveniles’ visitation to such business places, and the Committee may have these public officials hear the opinion of the parties concerned, interested parties, or reference persons at places designated under the conditions as prescribed by the Presidential Decree.

(2) The Juvenile Protection Committee may, where deemed necessary, refer to persons of special knowledge and experience for expert appraisal.

(3) The public official who performs the duties pursuant to the provisions of paragraph (1) of this Article, shall carry a certificate indicating his powers and produce it to the persons concerned.

Article 36 (Taking-Away and Destruction)

Article 35 ~ 36

(1) The Juvenile Protection Committee may order the owners of media materials and other persons engaged in the circulation of these materials concerned to take away such medial materials, in the case where media materials harmful to juveniles have no indication of being harmful to juveniles in violation of the provisions of Article 14, where media materials harmful to juveniles are circulated unpacked in violation of the provisions of Article 15, where media materials which have not been subject to the deliberation by the respective deliberation organization on whether or not these materials do harm juveniles, are determined to be materials harmful to juveniles.

(2) The Juvenile Protection Committee may have public officials belonging to the Committee take away or destroy the media materials concerned under the conditions as prescribed by the Presidential Decree, in the case where the Committee is not able to identify the addressee of the order of take-away as referred to in the provisions of paragraph (1) of this Article or where the addressee of the order of take-away fails to comply with such order.

(3) Necessary matters concerning taking-away and destruction, etc. as referred to in the provisions of paragraphs (1) and (2) of this Article shall be prescribed by the Presidential Decree.

Article 37 (Corrective Order)

(1) The Juvenile Protection Committee may issue a corrective order in a case

Article 37

whr dutis as rfrrd to in th provisions of Articls 13 through 20, 24, and 26 are violated or not observed.

(2) Necessary matters concerning the kinds, procedures and compliance, etc. of such a corrective order as referred to in the provisions of paragraph (1) of this Article shall be prescribed by the Presidential Decree.

Article 38 (Specification of Reason)

The Juvenile Protection Committee shall, where it makes a disposition to take-away, of destruction or corrective order as referred to in the provisions of Articles 36 and 37, specify the reason for the disposition under the conditions as prescribed by the Presidential Decree.

Article 39 (Application for Objection)

A person who is dissatisfied with a disposition taken by the Juvenile Protection Committee under this Act may file an objection, along with the reason for the objection, with the Committee within thirty days after he is notified of such a disposition.

Article 40 (Institution of Suit)

(1) A person who intends to institute an action of dissatisfaction with the disposition taken by the Juvenile Protection Committee under this Act, shall do so within sixty days after he is notified of a disposition taken by the Committee.

Article 38 ~ 40

(2) The period as referred to in the provisions of paragraph (1) of this Article shall be the peremptory term.

Article 41 (Exclusive Jurisdiction over Suit of Dissatisfaction)

The suit of dissatisfaction as referred to in the provisions of Article 40 shall be under the exclusive jurisdiction of an Appellate Court that has jurisdiction over the location of the Juvenile Protection Committee.

Article 42 (Cooperation of Head of Related Administrative Agencies)

(1) The Juvenile Protection Committee may, where deemed necessary to execute this Act, hear the opinion of the head of a related administrative agency.

(2) The Juvenile Protection Committee may, where deemed necessary to ensure the fulfillment of duties as referred to in the provisions of this Act, ask the heads of related administrative agencies to cooperative with the Committee.

Article 43 (Delivery of Certificate, etc.)

(1) The Juvenile Protection Committee may provide administrative and financial assistance for supervision or complaint organizations in the private sector which performs activities for cleaning up environments harmful to juveniles, and may, if necessary to achieve the efficient performance of their functions, deliver

Article 41 ~ 43

to such organizations a certificate indicating that they are engaged in supervisory activities of environments harmful to juveniles under the conditions as prescribed by the Presidential Decree.

(2) Specific kinds and titles of the private sector supervisory and complaint organizations as referred to in the provisions of paragraph (1) of this Article shall be prescribed by the Ordinance of the Ministry of Culture and Sports.

Article 44 (Report)

(1) In a case where a person finds that media materials and drugs, etc. which are deemed harmful to juveniles are circulated to juveniles, where a person finds that juveniles are employed in or visit business places harmful to them, or where a person deems that any of the provisions of this Act is violated, that person shall report it to the Juvenile Protection Committee.

(2) The Juvenile Protection Committee shall execute necessary policies in order to encourage such reporting as referred to in the provisions of paragraph (1) of this Article, and the Committee may, if necessary, provide a reward, etc. to reporters thereof.

Article 45 (Korea Publications Ethics Committee)

(1) The Korea Publications Ethics Committee shall be established in order to protect juveniles against harmful publications and to fulfill the ethical and social responsibility of publications.

Article 44 ~ 45

(2) The Korea Publications Ethics Committee shall be composed of not less than ten and not more than 20 members including one chairman and one vice-chairman.

(3) Members of the Korea Periodicals Ethics Committee shall be commissioned by the Minister of Culture and Sports after consultation of the Minister of Information upon the recommendation of related organizations and associations, etc. from among persons of special knowledge and experience in arts, mass-communication, education, culture, law, or juveniles, etc.

(4) The Korea Periodicals Ethics Committee may deliberate those media materials referred to in the provisions of subparagraph 6 of Article 7, and the kinds of books subject to deliberation by the Committee, shall be prescribed by the Presidential Decree.

(5) Specific kinds of organizations and associations, etc. which have recommendation authority under the provisions of paragraph (3) of this Article, and necessary matters concerning the organization, operation, deliberation and decision, etc. of the Korea Publications Ethics Committee shall be prescribed by the Presidential Decree.

(6) The State may subsidize expenses required for the operation of the Korea Publications Ethics Committee within the limit of the budget limit.

Article 46 (Delegation of Authorities, etc.)

Article 46

Part of the authorities of the Juvenile Protection Committee as referred to in this Act may be delegated to the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor, or the head of Local Police Adminstration under the conditions as prescribed by the Presidential Decree, and it may be entrusted to the Korea Publication Ethics Committee and non-profit juristic persons or entities related to the protection of juveniles or media materials and drugs, etc.

Article 47 (Establishment, etc. of Local Juvenile Affairs Office)

(1) The Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor may establish local juvenile affairs offices under the conditions as prescribed by the Municipal Ordinance in order to protect juveniles within their jurisdictional area.

(2) Necessary matters for protecting juveniles within the Special Metropolitan City, Metropolitan Cities, Dos shall be prescribed by the Municipal Ordinance of relevant local governments.

Article 48 (Legal Fiction as Public Official in Application of Penal Provisions)

(1) Members or employees other than those public officials engaged in the duties of the Juvenile Protection Committee shall be regarded as public officials for the purpose of applying Articles 129 through 132 of the Criminal Act, and Article 2 of the Act

Article 47 ~ 48

on the Aggravated Punishment, etc. of Specific Crimes.

(2) Members, officers, or employees of the Korea Publications Ethics Committee, corporate bodies or entities which are engaged in deliberation duties among the duties entrusted pursuant to the provisions of Article 46 shall be regarded as public officials 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.

Article 49 (Penalty Surcharge)

(1) The Juvenile Protection Committee may order anyone who has benefited from committing an act falling any of subparagraphs of Articles 50 and 51 to pay in a penalty surcharge not exceeding a ten million won under the conditions as specified by the Presidential Decree.

(2) The amount of penalty surcharge as referred to in the provisions of paragraph (1) of this Article, and other necessary matters related to the surcharge shall be prescribed by the Presidential Decree.

(3) The penalty surcharge as referred to in the provisions of paragraph (1) of this Article shall be collected by the Juvenile Protection Committee pursuant to the practice of the collection of national tax: Provided, That it shall be collected by the local government concerned pursuant to the practice of the collection of local tax in a case where authorities of the Juvenile Protection Committee have been delegated to the Special

Article 49

Metropoitan City Mayor, Metropoitan City Mayor, or Do governor pursuant to the provisions of Article 46.

(4) The amount of penalty surcharge collected pursuant to the provisions of paragraph (3) of this Article shall be appropriated by the agency that has collected it, but it shall not be appropriated for any use other than one of the uses provided in the following subparagraphs:

1. Development and diffusion of programs designed to clean up the environments harmful to juveniles;

2. Production of, and assistance in, media materials beneficial to juveniles; and

3. Assistance in private sector initiatives for instructing and protecting juveniles, and civil movements organized to clean up environments harmful to juveniles.

(5) Procedures and other necessary matters related to the use of penalty surcharges collected as referred to in the provisions of paragraph (4) of this Article, shall be prescribed by the Presidential Decree.

CHAPTER Ⅵ PENAL PROVISIONS

Article 50 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished

Article 50

by imprisonment of not more than three years or by a fine not exceeding twenty million won:

1. A person who has violated the provisions of Article 17 (1) for the purpose of profit making;

2. A person who has employed juveniles in harmful business places in violation of the provisions of Article 24 (1);

3. A person who has sold, leased, or distributed to juveniles any drug, etc. harmful to juveniles other than liquors and tobaccos in violation of the provisions of Article 26 (1) (those who have sold, leased or distributed to juveniles the drugs, etc. harmful to juveniles as referred to in the provisions of the Psychotropic Drugs Control Act, the Narcotics Act, the Cannabis Control Act, or the Toxic Chemicals Control Act are excluded); and

4. A person who has failed to take away any drug, etc. harmful to juveniles in violation of the provisions of Article 36 (1).

Article 51 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment of not more than two years or by a fine not exceeding a ten million won:

1. A person who has failed to make an indication of materials being harmful to juveniles on media materials harmful to juveniles, in violation of the provisions of Article 14;

Article 51

2. A person who has failed to pack any media material harmful to juveniles in violation of the provisions of Article 15;

3. A person who has violated the provisions of Article 17 (2) and (3) for the purpose of profit making;

4. A person who has violated the provisions of Article 18 (1) and (2) for the purpose of profit making;

5. A person who has broadcasted any media material harmful to juveniles in violation of the provisions of Article 19;

6. A person who has installed, attached or distributed any advertisement in violation of the provisions of Article 20 (1);

7. A person who has allowed juveniles to trespass harmful business places in violation of the provisions of Article 24 (2); and

8. A person who has sold liquors and tobaccos to juveniles in violation of the provisions of Article 26 (1).

Article 52 (Penal Provisions)

A person who has damaged an indication of materials being harmful to juveniles or package of media materials harmful to juveniles in violation

Article 52

of the provisions of Article 16, shall be punished by a fine not exceeding five million won.

Article 53 (Penal Provisions)

A person who has refused, interfered with, or evaded an inspection and investigation by relevant public officials in violation of the provisions of Article 35, shall be punished by a fine not exceeding three million won.

Article 54 (Joint Penal Provisions)

Where the representative of a juristic person or entity, or an agent, employer or employee of such juristic person, entity or a individual commits an offense provided under the provisions of Articles 50 through 53 in respect of the business of such juristic person, entity, to individual, not only shall the wrongdoer be punished but the juristic person, entity or the individual shall be punished by a fine as prescribed under the respective applicable Article.

Article 55 (Mitigation of Punishment)

Where a person who has committed an offense provided under Articles 50 through 52 was issued a corrective order as referred to in the provisions of Article 37, and has complied with it, the punishment maybe mitigated.

Article 56 (Fine for Negligence)

(1) A person who falls under any of the following subparagraphs shall be subject

Article 53 ~ 56

to a fine for negligence not exceeding one million won:

1. A person who has failed to present a specimen copy as referred to in the provisions of Article 13; and

2. A person who has failed to comply with a request for reporting and data submission as referred to in the provisions of Article 34, or person who has made a false report or data submission.

(2) The fine for negligence as referred to in the provisions of paragraph (1) of this Article, shall be imposed and collected by the Juvenile Protection Committee under the conditions as prescribed by the Presidential Decree.

(3) A person who is dissatisfied with the disposition of a fine for negligence as referred to in the provisions of paragraph (1) of this Article may raise an objection to the Juvenile Protection Committee within thirty days after he is notified of that disposition.

(4) Where an addressee of a disposition of a fine for negligence as referred to in the provisions of paragraph (2) of this Article raises an objection pursuant to the provisions of paragraph (3) of this Article, the Juvenile Protection Committee shall, without delay, notify a competent court of the fact, and the court notified as such shall conduct a trial on the fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act.

Article 56

(5) Where the fine for negligence imposed is not paid, and no objection has been raised within the period as specified in the provisions of paragraph (3) of this Article, the fine imposed shall be collected pursuant to the practice of dispositions on default of national tax.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1997.

Article 2 (Transitional Measures concerning Korea Publications Ethics Committee)

In corporated association the Korea Publications Ethics Committee existing at the time when this Act enters into force shall be regarded as the Korea Publications Ethics Committee prescribed under this Act, in the case where the Committee obtains the authorization of modification of the articles of association by the Minister of Culture and Sports within three months after the date this Act enters into force. In this case, the Korea Publications Ethics Committee shall be regarded as the successor of all the rights and obligations of the former Korea Publications Ethics Committee.

Addenda

JUVENILE PROTECTION ACT
- Articles
- Addenda
  - 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