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STATUTES

THE REPUBLIC OF KOREA

Volume

JUVENILE PROTECTION ACT

Act No. 5297, Mar. 7, 1997

Amended by Act No. 5529, Feb. 28, 1998

Act No. 5817, Feb. 5, 1999

Act No. 5942, Mar. 31, 1999

Act No. 6146, Jan. 12, 2000

Act No. 6261, Feb. 3, 2000

Act No. 6460, Apr. 7, 2001

Act No. 6479, May. 24, 2001

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to regulate the distribution of harmful media materials and drugs, etc. among juveniles and their access to harmful entertainment establishments, and protect and rescue them from the injurious environment including harmful acts such as the abuse of and violence against them in order to help the juveniles grow into the persons of sound character. <Amended by Act No. 5817, Feb. 5, 1999>

Article 2 (Definitions)

Article 1 ~ 2

The definitions of terms used in this Act shall be as follows: <Amended by Act No. 5817, Feb. 5, 1999; Act No. 5942, Mar. 31, 1999; Act No. 6146, Jan. 12, 2000; Act No. 6460, Apr. 7, 2001; Act No. 6479, May 24, 2001>

1. The term “juvenile” means any person below full 19 years old: Provided, That excluding any person who faces with January 1 of the year in which he becomes full 19 years old;

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

3. The term “media materials harmful to juveniles” means the materials falling under any of the following items:

(a) Media materials which the Juvenile Protection Committee decides and confirms as injurious to juveniles and puts the decisionand confirmation on public notice under the provisions of Articles 8 and 12; and

(b) Media materials which deliberative organs resolve or decide (hereinafter referred to as the “decision”) as hurtful to juveniles and then the Juvenile Protection Committee puts on public noticeunder the provisions of the proviso of Article 8 (1) or the Juvenile Protection Committee puts on public notice after confirming themas hurtful to juveniles under the provisions

Article 2

of Article 12;

4. The term “drugs harmful to juveniles, etc.” means the drugs (hereinafter referred to as the “drugs harmful to juveniles”) falling under (ⅰ) through (ⅶ) of the following item (a), which are identified as hurtful to juveniles, and materials (hereinafter referred to as the “materials harmful to juveniles”) falling under (ⅰ) or (ⅱ) of the following item (b), which are identified as harmful to juveniles:

(a) The drugs harmful to juveniles: and

(ⅰ) Alcoholic liquors under the Liquor Tax Act;

(ⅱ) Cigarettes under the Tobacco Business Act;

(ⅲ) Narcotics, psychotropic substances and hemp under the Act on the Control of Narcotics, Psychotropic Substances and Hemp;

(ⅳ) and (ⅴ) Deleted; <by Act No. 6146, Jan. 12, 2000>

(ⅵ) Hallucinogen under the Toxic Chemicals Control Act; and

(ⅶ) Drugs which are feared to seriously damage juveniles mentally and physically if the use of them by the juveniles isnot restricted, such as other drugs which act on the central nerve to cause the habit, toxicity and tolerance, etc., harmfully affecting human bodies, and which the Juvenile Protection Committee identifies and publicly notifies after hearing the opinions from

Article 2

the related agencies pursuant to the standards as prescribed by the Presidential Decree; and

(b) The materials harmful to juveniles:

(ⅰ) The sex-related materials, such as sex apparatus, which inspire juveniles to act lasciviously and the Juvenile Protection Committee identifies as materials which are feared to seriously damage juveniles mentally and physically unlesstheir use is restricted and then puts on public notice according to the standards set by the Presidential Decree; and

(ⅱ) Toys, etc. which foster the lasciviousness, violence and speculation, etc. among juveniles and the Juvenile Protection Committee identifies as materials which are feared to seriously damage juveniles mentally and physically unless their use is restricted and then puts on public notice according to the standards set by the Presidential Decree;

5. The term “entertainment establishments harmful to juveniles” meansthe establishments falling under any of the following item (a) (hereinafter referred to as the “establishments banned from employing juveniles or giving them access”), which are identified as harmfulto juveniles if they are given access or employed and other establishments falling under any of the following item (b) (hereinafter referred to as the “establishments banned from employing juveniles”), which are identified as permitted to give juveniles access but as bannedfrom employing them. In this case, actual business acts performedby them shall be the standards

Article 2

for classifying the establishments regardless of their licenses, permissions, registrations and reports:

(a) The establishments banned from employing juveniles or givingthem access:

(ⅰ) Restaurants prescribed by the Presidential Decree fromamong the restaurants under the Food Sanitation Act;

(ⅱ) Song-practice and video-show establishments prescribed by the Presidential Decree from among such establishmentsunder the Sound Records and Video Products Act;

(ⅲ) Dance-teaching establishments and dance establishments under the Installation and Utilization of Sports FacilitiesAct;

(ⅳ) Speculative business establishments under the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc.;

(ⅴ) Business with such principal purposes as intermediatingthe mutual telephone conversations between the unspecified persons by equipping itself with telecommunications facilities: Provided, That excluding the business which intermediates the communications under other laws such as the Telecommunications Business Act; and

(ⅵ) Business identified harmful to juveniles if they are givenaccess to or employed thereby, such as the business of manufacturing, producing

Article 2

and distributing the media materials harmful to juveniles, drugs harmful to juveniles and materials harmful to juveniles, and which the Juvenile Protection Committee identifies and publicly notifies pursuant to the standards set by the Presidential Decree; and

(b) The establishments banned from employing juveniles:

(ⅰ) Restaurants prescribed by the Presidential Decree fromamong the restaurants under the Food Sanitation Act;

(ⅱ) Lodging establishments, barbershops and public bathhouses prescribed by the Presidential Decree from among such business establishments under the Public Health ManagementAct;

(ⅲ) The businesses as prescribed by the Presidential Decree from among the sale business of sound-record, etc., video rental business and the video little theater, game services business, or the business of complex distribution and provision under the Sound Recordings, Video Products and Game SoftwareAct;

(ⅳ) The cigarette retail business under the Tobacco Business Act;

(ⅴ) The toxic material manufacturing business, the toxic material sales business and the toxic material handling business under the Toxic Chemicals Control Act;

(ⅵ) The comic-book rental business renting comic books after collecting membership

Article 2

fees or other charges; and

(ⅶ) The business of manufacturing, producing and distributingthe media materials harmful to juveniles, drugs harmful to juveniles, and materials harmful to juveniles, and other businesses identified as harmful to juveniles if such businesses employ them, and which the Juvenile Protection Committee determines and publicly notifies pursuant to the standards set by the Presidential Decree;

6. The term “distribution” means the act of selling (including street sales,vending machines and communications sales; hereinafter the sameshall apply), renting, circulating, broadcasting (including the composite cable broadcasting: hereinafter the same shall apply), showingin performance establishments, screening, exhibiting, displaying, advertising the media materials and drugs or the act of providing the media materials and drugs for the purpose of audio-visual or their utilization or the act of printing, replicating or importing them forthat purpose; and

7. The term “juvenile violence” means the act of causing physical and mental damages to juveniles through violence.

Article 3 (Family Role)

Any person, who exercises his parental power over a juvenile or any other person, who cares for him on behalf of his parents (hereinafter referred to as the “person having parental power”), shall make necessary efforts to keep juveniles from contacting or

Article 3

fequenting the media mateials,dugs and establishments which are all harmful to juveniles, and protect them from the juvenile violence and abuse (hereinafter referred to as the “environment harmful to juveniles”), and when juveniles intend to use the media materials and drugs harmful to them and visit establishments harmful to them, the person having parental power shall immediately restrain them from doing so. <Amended by Act No. 5817, Feb. 5, 1999>

Article 4 (Responsibility of Society)

(1) Anybody shall make efforts to keep juveniles away from the environments harmful to them and when they find any juveniles using the media materials and drugs harmful to them or engaging in violence and abuse, they shall restrain them from doing so and lead them notto do so, and when they find the media materials and drugs harmful to juveniles distributed among them, any juveniles employed by establishments harmful to them and any juveniles suffering violence and abuse, shall make efforts necessary to protect them by reporting or filing complaints with relevant government agencies under Article 21 (3). <Amended by Act No. 5817, Feb. 5, 1999>

(2) Any person who carries on the business of distributing the media materials and drugs harmful to juveniles and any other person who carries on the business of running establishments harmful to juveniles as well as organizations and associations created by them shall make efforts of their own to keep the media materials and drugs harmful to juveniles from distributed among them and establishments harmful to juveniles from employing them and allowing them to frequent such establishments.

Article 4

Article 5 (Duties of State and Local Governments)

(1) The State shall formulate and implement policies necessary to cleanup the environment harmful to juveniles for the purpose of protectingthem and local governments shall make efforts necessary to protect the juveniles from the environments harmful to them under their jurisdictional areas.

(2) The State and local governments, keeping the fact in mind that theadvent of new kinds of the media materials and drugs following the development of electronics and communications technologies and medicineis feared to damage juveniles physically and mentally, shall make efforts necessary to support the development of new technologies and research projects, and build a cooperative system with other countries to protect juveniles from such media materials and drugs.

(3) The State and local governments may encourage independent activities by juvenile-related organizations and the private sector to monitor the environment harmful to juveniles and file complaints against it and provide necessary support for such activities. The State and local governments also may reflect recommendations from such organizations andthe private sector in shaping relevant policies.

(4) In regulating the environment harmful to juveniles to protect them,the State and local governments shall faithfully perform their duties. <Newly Inserted by Act No. 5817, Feb. 5, 1999>

Article 5

Article 6 (Relationship with Other Acts)

In imposing a criminal punishment in relation to the regulation of the environment harmful to juveniles, this Act shall prevail. <Amended by Act No. 5817, Feb. 5, 1999>

CHAPTER Ⅱ REGULATION OF DISTRIBUTION OF MEDIA MATERIALS HARMFUL TO JUVENILES

Article 7 (Scope of Media Materials)

The term media materials referred to in this Act means what falls under any of the following subparagraphs: <Amended by Act No. 5817, Feb. 5, 1999; Act No. 6479, May 24, 2001>

1. Sound records, video products and game softwares under the Sound Recordings, Video Products and Game Software Act;

2. Deleted; <by Act No. 6479, May 24, 2001>

3. Movie, play, music, dance, and other entertainment programs under the Public Performance Act and the Promotion of the Motion Pictures Industry Act;

4. Audio information, film information and written information through telecommunications under the Telecommunications Service Act andthe Framework Act on Telecommunications;

Article 6 ~ 7

5. Broadcasting programs under the Broadcasting Act: Provided, That report broadcast programs shall be excluded;

6. Special daily newspapers (excluding newspapers specializing in the fields of economy, industry, science, or religion), general weekly newspapers (excluding newspapers specializing in the fields of politics, economy), special weekly newspapers (excluding newspapers specializing in the fields of politics, economy, industry, science, current affairs, and religion), and magazines (excluding magazines specializing in the fields of politics, economy, industry, science, current affairs, and religion) under the Registration etc. of Periodicals Act and other publications prescribed by the Presidential Decree, and caricature books, picture albums, pictorials, and novels, etc., electronic publications and others prescribed by the Presidential Decree from among publications other than periodicals under the same Act;

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

8. Other media materials identified by the Presidential Decree as materials which are feared to damage juveniles mentally and

Article 7

physically.

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

(1) The Juvenile Protection Committee established under Article 27 (hereinafter referred to as the “Juvenile Protection Committee”) shall deliberate whether or not any of the media materials referred to in the provisions of Article 7 are harmful to juveniles and, if any of the media materials is identified as harmful to juveniles, the Juvenile Protection Committee shall determine that the materials are harmful to juveniles: Provided, That the same shall not apply to the case where there is any other organ that is authorized to deliberate the ethics and healthiness of the media materials concerned (hereinafter referred to as the “deliberative organ”) under the provisions of this Act or other Acts and subordinate statutes.

(2) Where each deliberative organ fails to deliberate whether or not the media materials in question is harmful to juveniles, the Juvenile Protection Committee, when it deems it necessary to protect juveniles, mayask each deliberative organ to deliberate the media materials in question.

(3) With regard to the media materials falling under each of the following subparagraphs, the Juvenile Protection Committee may deliberate whether or not they are harmful to juveniles and identify them as harmful to juveniles notwithstanding the proviso of paragraph (1) of thisArticle:

Article 8

1. Media materials requested by each deliberative organ referred to in the proviso of paragraph (1); and

2. Media materials which are distributed without going through deliberation of each deliberative organ referred to in the proviso of paragraph (1) about whether or not they are harmful to juveniles.

(4) The Juvenile Protection Committee or each deliberative organ, where it judges the media materials contain contents that are banned from distribution by the Criminal Act and other Acts and subordinate statutes as a result of deliberation, shall ask related administrative agencies for criminal punishment or administrative disposition before deciding on the harmfulness of the media materials to juveniles: Provided, That the same shall not apply to the case where each deliberative organ has separate procedures under the corresponding Acts and subordinate statutes.<Newly Inserted by Act No. 5817, Feb. 5, 1999>

(5) With regard to the media materials which are produced and published for persons other than juveniles in light of the purpose of producing and publishing them and those whose distribution among juveniles is impossible to be blocked by identifying each of the media materials as harmful to juveniles, the Juvenile Protection Committee or each deliberative organ, upon receiving a request orex officio, may specifically indicate kinds, titles and contents of the media materials in question and identify them as harmful to juveniles. <Newly Inserted

Article 8

by Act No. 5817, Feb. 5, 1999>

(6) Other necessary matters such as the deliberation and determination methods of the Juvenile Protection Committee, shall be prescribed bythe Presidential Decree.

Article 9 (Rating, etc.)

(1) With regard to media materials which the Juvenile Protection Committee and each deliberative organ do not deliberate and identify as harmful to juveniles when they deliberate and identify them under the provisions of Article 8, the Juvenile Protection Committee and each deliberative organ, when they deem necessary, may rate the media materials concerned taking the degree of their harmfulness to juveniles, the ages of juveniles utilizing them, their characteristics and hours and places of their utilization into account.

(2) The Juvenile Protection Committee may ask each deliberative organto rate the media materials in question under paragraph (1) when it deliberates and decide whether or not they are harmful to juveniles.

(3) Necessary matters concerning media materials subject to rating,kinds of rating and methods of rating under paragraphs (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 each deliberative organ shall identify the media material in question as harmful to juveniles, in the case where the media materials in question fall under any of the following subparagraphs:

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

2. Materials which may cause violence and brutality of juveniles or incite them to commit a crime;

3. Materials which may stimulate or beautify the exercise of all sorts of violence including rape and the abuse of drugs;

4. Materials which are anti-social and non-ethical and that may hamper the cultivation of fine character and civic consciousness of juveniles; and

5. Materials which are feared to affect harmfully the mental and physical health of juveniles.

(2) In specifically applying the criteria referred to in paragraph (1), the generally accepted ideas of society shall be based, and literary, artistic, educational, medical and scientific aspects as well as characteristics of the media materials concerned shall be taken into account.

(3) Necessary matters

Article 10

concerning the specific criteria for deliberating whether or not any media materials are harmful to juveniles and its application shall be prescribed by the Presidential Decree.

Article 11 (Adjustment of Particulars of Deliberation)

Where there is a wide difference between each deliberative organ over the same media materials as a result of their deliberation in relation to the protection of juveniles, the Juvenile Protection Committee may ask for an adjustment of the contents of deliberation and each deliberative organ shall comply with the request unless special reasons exist for not complying with it.

Article 12 (Self-Regulation of Harmful Media Materials)

(1) Any producer, any publisher, any distributor of the media materials or any organization concerned with the media materials may autonomously decide whether or not their media materials are harmful to juveniles and ask the Juvenile Protection Committee or each deliberative organ to confirm the contents of his or its decision.

(2) The Juvenile Protection Committee or each deliberative organ, upon receiving the request referred to in paragraph (1), where the contents of the decision are appropriate as a result of deliberation, shall confirmthe contents of the decision, and the Juvenile Protection Committee,where it is deemed necessary, may commission its authority to confirm to each deliberative organ.

Article 11 ~ 12

(3) Where the Juvenile Protection Committee or each deliberative organ makes the confirmation under paragraph (2), the media materials concerned may be sticked with indications showing the completion ofthe confirmation.

(4) Any producer, any publisher, any distributor of the media materials or any organization concerned with the media materials may stick indications on the media materials that they are harmful to juveniles when he or it judges the products harmful to juveniles under the provisions of Articles 14 and 15 without any decision by the Juvenile Protection Committee or each deliberative organ.

(5) The Juvenile Protection Committee or each deliberative organ, whenit finds any media materials sticked autonomously with indications thatthey are harmful to juveniles under paragraph (4), shall decide whetheror not the media materials concerned are harmful to juveniles.

(6) The media materials, on which the producer, the publisher, the distributor of the media materials or the organization concerned with the media materials has stuck indications that his or its products are harmful to juveniles under paragraph (4), shall be deemed harmful to juveniles under this Act until the Juvenile Protection Committee or each deliberative organ makes a final decision.

(7) Necessary matters concerning procedures and methods for the decision on whether or not any media materials are harmful to juveniles and

Article 12

the confirmation of the decision under the provisions of paragraphs (1) through (6) shall be prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 5817, Feb. 5, 1999]

Article 13 (Presentation of Media Material Copy)

(1) Any person, who has imported media materials for the purpose of distributing them among juveniles under the provisions of subparagraph6 of Article 7, shall furnish copies of the media materials to the Juvenile Protection Committee as prescribed by the Presidential Decree: Provided, That this shall not apply to the case where the Presidential Decree prescribes otherwise.

(2) In case of paragraph (1), the State shall duly compensate for copies of the media materials, under the conditions as prescribed by the Presidential Decree.

Article 14 (Obligation of Indications)

(1) Any media materials harmful to juveniles shall carry indications that they are harmful to juveniles (hereinafter referred to as the “juvenileharmful indications”).

(2) Persons under obligation to stick the juvenile harmful indicationsunder paragraph (1), kinds, period and methods of the juvenile harmful indications and other necessary matters shall be prescribed by the Presidential Decree.

Article 13 ~ 14

Article 15 (Obligation of Packing)

(1) Any media materials harmful to juveniles shall be packed: Provided,That the same shall not apply to the case where such media materials cannot be packed due to their characteristics.

(2) Kinds of media materials to be packed under paragraph (1), persons under obligation to pack them, methods of packing them, and other necessary matters concerning the packing of such media materials shall be prescribed by the Presidential Decree.

Article 16 (Prohibition from Damaging Indications and Packages)

Nobody shall damage the juvenile harmful indications under the provisions of Article 14 and the packages under the provisions of Article 15.

Article 17 (Prohibition from Selling, etc.)

(1) Any person who intends to sell, lend or distribute the media materials harmful to juveniles or provides them for seeing and hearing,viewing and utilizing shall confirm the age of such counterparts, and shall not sell, rent or distribute them to the juveniles, or provide them fortheir seeing and hearing, viewing and utilizing. <Amended by Act No. 6479, May 24, 2001>

(2) Any media materials subject to the juvenile harmful indicationsunder the

Article 15 ~ 17

provisions of Articl 14 shall not b xhibitd or displayed forthe purpose of selling or renting them without such indications stuck.

(3) Any media materials subject to packing under the provisions of Article 15 shall not be displayed or exhibited for the purpose of sellingor renting them without such media materials being packed.

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

Article 18 (Differentiation and Insulation, etc.)

(1) The media materials harmful to juveniles shall not be exhibited or displaced for the purpose of selling and renting them without such media materials being differentiated and insulated from other media materials which are allowed to be distributed among them.

(2) Media materials harmful to juveniles, which fall under subparagraph1 or 6 of Article 7, shall not be exhibited and displayed for the purpose of distributing them among juveniles through automats or vending machines: Provided, That the same shall not apply to the case falling under each of the following subparagraphs: <Amended by Act No. 5817, Feb. 5, 1999>

1. The case where a person, who has set up his automats or vending machines, can check the act of buying media materials harmful

Article 18

to juveniles by the young; and

2. The case where such automats or vending machines are set up in establishments banned from employing juveniles or giving them access under subparagraph 5 (a) of Article 2.

(3) Necessary matters concerning differentiation, insulation, selling methods, etc. under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.

Article 19 (Restrictions on Broadcasting Hours)

Media materials harmful to juveniles, which fall under subparagraph 5 of Article 7 and advertising materials which fall under subparagraph 7 of Article 7 shall be prohibited from being broadcast during hours as prescribed by the Presidential Decree.

Article 20 (Restrictions on Advertisements)

(1) Signboards, stand-up signboards, posters, leaflets and other advertisements prescribed by the Presidential Decree under the provisions of subparagraph 7 of Article 7, which are media materials harmful to juveniles, shall not be set up, stuck or distributed publicly at places or in ways falling under each of the following subparagraphs: <Amended by Act No. 5817, Feb. 5, 1999>

1. Establishments other than those banned from employing juvenilesor giving them access;

Article 19 ~ 20

2. Places through which the pubic passes; and

3. Computer communications which have no function of restricting juveniles from gaining access to them.

(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 materialsand 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 referred to in the provisions of paragraphs (1) and (2) of this Article and 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 each deliberative organ shall, where having determined that media material concerned is media material harmful to juveniles, make a list of these media materials, andeach deliberative organ shall, where each deliberative organ 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

Article 21

media materials harmful to juveniles, synthesizing all the lists of themedia materials determined to be harmful to juveniles.

(3) The Juvenile Protection Committee shall notify each deliberative organ, 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 ofmedia materials harmful to juveniles referred to in the provisions of Article 21 (2), and the Committee may, if necessary, give notice of such table to individuals, juristic persons or entities whose business is circulating media materials, and it may, if requested, notify the relatives of juveniles concerned 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 referred to in paragraph (2), shall be prescribed by the Ordinance of the Prime Minister. <Amended by Act No. 5529, Feb. 28, 1998>

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

(1) The Juvenile Protection Committee shall publicly announce thosemedia materials determined or confirmed pursuant to the main sentence of Article 8 (1), Articles 8 (3) and 12, as media materials harmful to juveniles. <Amended by Act No. 5817, Feb. 5,

Article 22

1999; Act No. 6479 May 24 2001>

(2) Each deliberative organ shall ask the Juvenile Protection Committee to give public notice of the media materials concerned, along with a deliberation statement of such media materials. <Amended by Act No. 5817, Feb. 5, 1999>

(3) When giving public notice under the provisions of paragraphs (1)and (2), the Juvenile Protection Committee shall expressly indicate reasons for public notice and when the effect of public notice comes into force. <Amended by Act No. 5817, Feb. 5, 1999>

(4) Necessary matters concerning public notice referred to in paragraphs (1) through (3), shall be prescribed by the Ordinance of the Prime Minister. <Amended by Act No. 5529, Feb. 28, 1998>

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 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) Each deliberative organ shall, where it revokes its decision that media materials

Article 23

are 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 list of media materials harmful to juveniles and shall notify related agencies, etc. of thefact.

(3) The Juvenile Protection Committee shall, where a decision is made on the revocation of the previous decision that media materials areharmful to juveniles under paragraphs (1) and (2), shall put the revocation on public notice, expressly indicating the fact of the revocationand the reasons thereof. <Amended by Act No. 5817, Feb. 5, 1999>

(4) Necessary matters concerning the revocation, etc. of a determination referred to in Article 23 (1) through (3), shall be prescribed by the Ordinance of the Prime Minister. <Amended by Act No. 5529, Feb. 28, 1998>

Article 23-2 (Special Cases for Foreign Media Materials)

No one shall, for the purpose of profit-making, have the juveniles distribute the media materials produced and published overseas (includingthe case where they are distributed through such methods as translation, adaption, editing and subtitle interposition), which fall under the criteria for deliberations under Article 10, or possess them for the same purposes. <Amended by Act No. 6479, May 24, 2001>

[This Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

CHAPTER Ⅲ REGULATION OF ESTABLISH-MENTS

Article 23-2

, DRUGS, ACTS, ETC. HARMFUL TO JUVENILES

Article 24 (Prohibition of Establishments Harmful to Juveniles from Employing Juveniles, Giving Them Access)

(1) The operators of establishments harmful to juveniles shall, in case where they intend to employ the workers, confirm their age, and shall not employ the juveniles. <Amended by Act No. 6479, May 24, 2001>

(2) The operators and employees of establishments harmful to juveniles,which are prohibited from employing juveniles and giving them access, shall check the ages of persons entering their establishments to keepsuch juveniles from entering or utilizing their establishments. <Amended by Act No. 5817, Feb. 5, 1999>

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

(4) The operators and employees of establishments harmful to juvenilesshall set up signs indicating that their establishments are prohibitedfrom giving juveniles access, allowing them to utilize their establishments and employing them. <Newly Inserted by

Article 24

Act No. 5817, Feb. 5, 1999>

Article 25 (Designation, etc. of No-Passing Areas and Passing Restricted Areas for Juveniles)

(1) The head of any local government, when he deems it necessary to protect juveniles, shall designate areas which are likely to damage the mental and physical health of juveniles as no-passing areas or passing restricted areas for them. <Amended by Act No. 5817, Feb. 5, 1999>

(2) The head of any local government, when special reasons exist forthe need to prevent crimes and deviations by juveniles, may prohibit or restrict the passing of juveniles in the areas designated under paragraph (1) during the specific time determined under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5817, Feb. 5, 1999>

(3) The head of any local government shall prescribe specific standards for designating the no-passing and passing restricted areas for juveniles referred to in paragraphs (1) and (2) and methods of guiding them properly and cracking down them in the Municipal Ordinance of the local government. In this case, the opinions of the competent police station,schools, related organs and residents in the areas shall be reflected in prescribing such standards and methods. <Amended by Act No. 5817, Feb. 5, 1999>

(4) Any local government and the competent police station, when juveniles attempt to pass through the no-passing and passing restrictedareas

Article 25

in violation of the provisions of paragraph (2), may block themfrom passing through the areas and evict any juveniles passing throughthe areas out of the areas. <Newly Inserted by Act No. 5817, Feb. 5, 1999>

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

(1) No one shall be permitted to sell, lend or distribute drugs, etc. harmful to juveniles by having the juveniles as the targets. In this case, such cases shall be included as they are sold, lent or distributed by the automatic machine apparatus, unmanned sale apparatus or communications apparatus: Provided, That this shall not apply to those sold forthe study, industry or medical treatment as prescribed by the Presidential Decree. <Amended by Act No. 6479, May 24, 2001>

(2) 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.

(3) Methods of preparing the table of drugs harmful to juveniles, time of notification,

Article 26

object of n and any other necessary matters referred to in paragraph (2) of this Article, shall be prescribed by the Ordinance of the Prime Minister. <Amended by Act No. 5529, Feb. 28, 1998>.

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

Article 26-2 (Prohibition of Acts Harmful to Juveniles)

No one shall perform the act falling under each of the following subparagraphs:

1. The act of having juveniles sexually entertain through their physical contacts and the exposure of their sexual organs for the purpose of making profits, and other act of arranging such lascivious things;

2. The act of having juveniles drink with clienteles or entertain such clienteles with songs and dance, and other act of arranging such entertaining things for the purpose of making profits;

3. The act of having juveniles perform the lascivious act for the purpose of making profits or entertainment;

4. The act of showing the physically deformed parts of juveniles to the public for the purpose of making profits or entertainment;

5. The act of having juveniles beg for money or goods or using them as a

Article 26-2

means to beg for money or goods;

6. The act of abusing juveniles;

7. The act of having juveniles lure customers on the street for the purpose of making profits;

8. The act of disrupting public morality by permitting male and female juveniles to sleep on the same beds and other act of providing a place to that end; and

9. Deleted. <by Act No. 6261, Feb. 3, 2000>

[This Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

CHAPTER Ⅳ JUVENILE PROTECTION COMMITTEE

Article 27 (Establishment of Juvenile Protection Committee)

The Juvenile Protection Committee shall be established under the jurisdiction of the Prime Minister to carry out the business of protecting juveniles under the provisions of this Act.

[This Article Wholly Amended by Act No. 5817, Feb. 5, 1999]

Article 28 (Function of Juvenile Protection Committee)

Article 27 ~ 28

(1) The Juvenile Protection Committee shall implement business mattersfalling under each of the following subparagraphs: <Amended by Act No. 5817, Feb. 5, 1999>

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 conduct of education, publicity, treatment and rehabilitation, etc. for juveniles in order to protect them from violence and abuse;

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

7. 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;

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

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

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

(2) The Juvenile Protection Committee shall implement policy measures falling under any of the following subparagraphs in relation to education, publicity, treatment and rehabilitation to protect juveniles: <Newly Inserted by Act No. 5817, Feb. 5, 1999>

1. The formulation, implementation and assessment of plans for education and publicity necessary to protect juveniles from media materials, establishments and drugs, which are all harmful to them, violence and abuse against them, and the environment harmful to them;

2. The installation and operation of facilities and the designation of treatment and rehabilitation facilities of national and public

Article 28

hospitals as well as general hospitals established under the Medical Service Act through consultations with the Minister of Health and Welfare for juveniles who have suffered from media materials harmful to them, drugs, establishments harmful to them, violence, abuse and the environment harmful to them; and

3. Administrative and financial support for organizations and individuals engaged in activities on education, publicity, treatment and rehabilitation for juveniles who have suffered from media materials harmful to them, drugs, establishments harmful to them, violence, abuse and the environment harmful to them.

Article 28-2 (Meetings)

(1) The meetings of the Juvenile Protection Committee shall consist of a plenary meeting (hereinafter referred to as the “plenary meeting”) which is attended by all members and a sub-committee meeting (hereinafter referred to as the “subcommittee meeting”) which is attended by some members as prescribed by the Presidential Decree.

(2) The plenary meeting shall deliberate and vote on matters falling under each of the following subparagraphs:

1. Matters related to drawing up basic plans for the protection of juveniles and assessing progress in implementing the plans;

2. Matters this Act and other Acts and subordinate statutes prescribe

Article 28-2

that the Juvenile Protection Committee deliberate and vote on; and

3. Other matters the plenary meeting deems it necessary to deal with for itself.

(3) The subcommittee meeting shall deal with matters other than the matters referred to in paragraph (2), which are delegated by the plenary meeting.

[This Article Wholly Amended by Act No. 5817, Feb. 5, 1999]

Article 29 (Composition of Juvenile Protection Committee)

(1) The Juvenile Protection Committee shall consist of not more than thirteen members including one chairman. <Amended by Act No. 5817, Feb. 5, 1999>

(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 Prime Minister 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 Prime Minister after recommendation of the chairman: <Amended by Act No. 5529, Feb. 28, 1998>

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

Article 29

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. Deleted. <by Act No. 5817, Feb. 5, 1999>

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

(4) Deleted. <by Act No. 5817, Feb. 5, 1999>

Article 30 (Chairman, etc.)

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

Article 30

a concurrent vote of a majority of those present.

Article 31 (Terms of Office of Members)

(1) The terms of office of members of the Juvenile Protection Committee shall be four years, and they may be reappointed for only another four year term. <Amended by Act No. 5817, Feb. 5, 1999>

(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 bethe 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:

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

Article 31 ~ 32

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.

Article 33-2 (Juvenile Protection Center, etc.)

(1) A juvenile protection center may be established under the Juvenile Protection Committee to protect temporally juveniles from violence, abuse and the environment, etc. harmful to them.

(2) The juvenile protection center may have lawyers specializing in juvenile affairs to provide legal assistance and counseling including the process attorney to juveniles who have suffered damages.

(3) A juvenile rehabilitation center may be established under the Juvenile Protection Committee to help juveniles rehabilitate, who have

Article 33 ~ 33-2

suffrd from violnc, abus and drugs.

(4) Detailed matters concerning the juvenile protection center and the juvenile rehabilitation center referred to in paragraphs (1) and (3) shall be prescribed by the Presidential Decree.

[This Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

Article 33-3 (Seconding of Public Servants)

(1) The chairman, when he deems it necessary to operate efficiently the Secretariat, may ask the heads of related administrative agencies to second their civil servants.

(2) The heads of related administrative agencies, upon receiving the request referred to in paragraph (1), shall comply with the request unless special reasons exist for not complying with the request.

(3) The seconded public servants, in performing their duties, shall be put under direction and supervision of the chairman.

(4) The period for the seconded public servants to serve shall be two years in principle unless special reasons exist otherwise: Provided, That the period may be extended within the limit of one year when the chairman deems it necessary to do so.

[This Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

Article 33-3

Article 33-4 (Appointment of Temporary Public Servants)

(1) The chairman, when he deems it necessary to carry out efficiently the juvenile affairs, may appoint public servants to serve on contracts under the provisions of Articles 2 and 47 of the State Public Officials Act.

(2) Necessary matters concerning the number of contract public servants, qualifications for their appointment and their remuneration under paragraph (1) shall be determined by the chairman after consultations with the Minister of Government Administration and Home Affairs.

[This Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

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 related persons, to make a necessary report and present 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 33-4 ~ 34

Article 35 (Inspection and Investigation, etc.)

(1) Where deemed necessary in order to see whether or not they are complying with those provisions provided in 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 juvenilesand 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) A public official who performs the duties pursuant to the provisions of paragraph (1), shall carry a certificate indicating his powers and produce it to the persons concerned.

Article 36 (Removal and Destruction)

(1) The Juvenile Protection Committee may, in case where the media materials identified as harmful to juveniles and the drugs harmful to juveniles do not carry any indications of harmfulness to juveniles under Article 14 (including a case applied mutatis mutandis in Article 26 (4)), or they are distributed without

Article 35 ~ 36

any package under Article 15 (including a case applied mutatis mutandis in Article 26 (4)), order their owners and other persons engaged in the relevant distribution to remove themedia materials and the drugs harmful to juveniles. <Amended by Act No. 5817, Feb. 5, 1999; Act No. 6479, May 24, 2001>

(2) The Juvenile Protection Committee, where a person who is underthe order to remove the media materials under paragraph (1) can not be identified or the person disobeys the order, may remove or destroythe media materials in question under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5817, Feb. 5, 1999>

(3) Necessary matters concerning the removal and destruction, etc. referred to in paragraphs (1) and (2) shall be prescribed by the Presidential Decree.

(4) The Juvenile Protection Committee and the head of a police stationmay remove, destruct or take necessary dispositions against the drugs, etc. harmful to juveniles and the media materials harmful to juveniles,

such as the liquors under the Liquor Tax Act, the cigarettes under the Tobacco Business Act, and the sex apparatuses. <Newly Inserted by Act No. 5817, Feb. 5, 1999; Act No. 6479, May 24, 2001>

(5) The Juvenile Protection Committee and the head of a police station,when they take dispositions under paragraph (4), shall enter the namesof

Article 36

items, the quantity of items, the owners or possessors of items and the contents of dispositions in related books. <Newly Inserted by Act No. 5817, Feb. 5, 1999>

Article 37 (Corrective Order)

(1) The Juvenile Protection Committee may order any person falling under any of the following subparagraphs to take corrective measures: <Amended by Act No. 5817, Feb. 5, 1999>

1. A person who fails to make indications on his media materials that his media materials are harmful to juveniles in violation of the provisions of Article 14;

2. A person who fails to pack his media materials harmful to juvenilesin violation of the provisons of Article 15;

3. A person who exhibits or displays to sell or rent media materialsharmful to juveniles without making indications on them that they are harmful to juveniles in violation of the provisions of Article 17 (2) for the purpose of making profits;

4. A person who exhibits or displays to sell or rent media materials harmful to juveniles without packing them in violation of the provisions of Article 17 (3) for the purpose of making profits;

5. A person who exhibits or displays to sell or rent media materials harmful to juveniles without differentiating and insulating

Article 37

them in violation of the provisions of Article 18 (1) for the purpose of making profits;

6. A person who exhibits or displays to distribute media materials harmful to juveniles, which fall under subparagraph 1 or 6 of Article7, through automats or vending machines in violation of the provisions of Article 18 (2) for the purpose of making profits; and

7. A person who openly sets up, sticks and distributes advertisements harmful to juveniles in establishments other than those which are prohibited from employing juveniles or giving them access and in places through which the public pass, or who makes such advertisements by means of computer communications which have no function of restricting juveniles from gaining access to them, in violation of the provisions of Article 20 (1).

(2) Necessary matters concerning kinds, procedures and compliance, etc.of such corrective order referred to in paragraph (1) 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 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 (Raising of Objection)

Article 38 ~ 39

Any person, who is dissatisfied with a disposition taken under this Act, may raise an objection to an administrative agency which has taken the disposition, citing the reasons thereof, within 60 days from the day he is notified of the disposition.

[This Article Wholly Amended by Act No. 5817, Feb. 5, 1999]

Article 40 (Institution of Litigation)

(1) Any person, who intends to institute a litigation against a disposition taken under this Act, shall institute the litigation within 90 days from the day he is notified of the disposition. <Amended by Act No. 5817, Feb. 5, 1999>

(2) The period referred to in paragraph (1) shall be the peremptory term.

Article 41 Deleted. <by Act No. 6479, May 24, 2001>

Article 42 (Cooperation of Head of Related Administrative Agencies)

(1) The Juvenile Protection Committee may, where deemed necessaryto execute this Act, hear the opinions of the heads of related administrative agencies.

(2) The Juvenile Protection Committee may, where deemed necessaryto ensure

Article 40 ~ 42

the fulfillment of duties 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 non-governmental supervisory or complaint organizations which perform activities for cleaning up environments harmful to juveniles, and may, if necessary to achieve the efficient performance of their functions, deliver 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) Teachers may be allowed to join the non-governmental supervisory or complaint organizations under paragraph (1). <Newly Inserted by Act No. 5817, Feb. 5, 1999>

(3) Specific kinds and titles of the non-governmental supervisory and complaint organizations referred to in paragraph (1) shall be prescribed by the Ordinance of the Prime Minister. <Amended by Act No. 5529, Feb. 28, 1998>

Article 44 (Report)

(1) In case 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

Article 43 ~ 44

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 referred to in the provisions of paragraph (1), and the Committee may, if necessary, provide a reward, etc. to reporters thereof.

Article 44-2 (Notice of Juveniles Subject to Measures for Proper Guidance and Protection)

With respect to the juveniles deemed to be in need of the measures for proper guidance and protection in view of the contents and level, etc. from among the juveniles who have provided the causes for such offenses as inducing positively the acts violating the provisions of Articles 17 (1), 24 (1) and (2), 26 (1), and subparagraphs 1 through 3, 7 and 8 of Article 26-2, or cheating on the age, etc., the Juvenile Protection Committee shall notify the head of competent police station, the head of competent school (limited to the case of students), and the guardians, etc. of the relevant facts.

[This Article Newly Inserted by Act No. 6479, May 24, 2001]

Article 45 (Korea Publication Ethics Commission)

(1) The Korea Publication Ethics Commission shall be established in order to protect juveniles against harmful publications and to fulfill

Article 44-2 ~ 45

theethical and social responsibility of publications.

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

(3) Members of the Korea Publication Ethics Commission shall be commissioned by the Minister of Culture and Tourism upon the recommendation of related organizations and associations, etc. from among persons of special knowledge and experience in arts, mass-communication, education, culture, law, juveniles, etc. <Amended by Act No. 5529, Feb. 28, 1998>

(4) The Korea Publication Ethics Commission 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 Commission, shall be prescribed by the Presidential Decree.

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

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

Article 45

Article 46 (Delegation of Authorities, etc.)

Part of the authorities of the Juvenile Protection Committee referred toin 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 Commission 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 (hereinafter referred to as the “Mayor/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. <Amended by Act No. 5817, Feb. 5, 1999>

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

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

(1) Members or employees other than those public servants engaged in the duties

Article 46 ~ 48

of the Juvenile Protection Committee shall be deemed public servants in applying Articles 129 through 132 of the Criminal Act, and Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

(2) Members, officers, or employees of the Korea Publication Ethics Commission, corporate bodies or entities which are engaged in deliberation duties among the duties entrusted pursuant to the provisions of Article 46 shall be deemed public servants in 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 impose and collect a penalty surcharge not exceeding 10 million won from anyone who has gainedprofits by performing an act falling under any of the subparagraphs of Article 50 or 51 as prescribed by the Presidential Decree: Provided, That the same shall not apply where such act is subject to an administrative disposition, including but not limited to the revocation or suspension of business or the imposition of a penalty surcharge, under other Acts. <Amended by Act No. 5817, Feb. 5, 1999>

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

(3) Where a person fails to pay the penalty surcharge referred to in paragraph

Article 49

(1) within a fixed period, the Juvenile Protection Committee shall collect the penalty surcharge according to the example of a disposition taken to collect national taxes in arrears: Provided, That where the Juvenile Protection Committee has already delegated its authority to the Mayor/Do governor under the provisions of Article 46, the local governments concerned shall collect the penalty surcharge in question according to the example of a disposition taken to collect local taxes in arrears. <Amended by Act No. 5817, Feb. 5, 1999>

(4) The Juvenile Protection Committee may, in case where any person subject to a levy of penalty surcharge (hereinafter referred to as the “payer of penalty surcharges”) is deemed to be difficult to pay the whole amount of penalty surcharge in a lump sum due to a reason falling under any of the following subparagraphs, extend the deadline of such payment or grant the payment in installments: <Newly Inserted by Act No. 6479, May 24, 2001>

1. Where suffered from significant losses of assets due to natural disasters, fire, etc.;

2. Where faced with serious crisis by suffering from significant lossesin business;

3. Where presumed to be badly off due to the payment of penalty surcharge in a lump sum; and

4. Other reasons equivalent to subparagraphs 1 through 3.

Article 49

(5) Matters necessary for extending the deadline for payment of penalty surcharge under paragraph (4) or for granting a payment in installments shall be prescribed by the Presidential Decree. <Newly Inserted by Act No. 6479, May 24, 2001>

(6) The amount of penalty surcharge collected pursuant to paragraphs (1) through (3) shall be used by a collector for the purpose falling under any of the following subparagraphs: Provided, That in case where the head of Si/Gun/autonomous Gu becomes the collector by a re-delegation of authorities, the Mayor/Do governor may use a part of collected amount under the conditions as prescribed by the Presidential Decree: <Amended by Act No. 5817, Feb. 5, 1999; Act No. 6479, May 24, 2001>

1. Development and propagation of programs designed to clean up the environment harmful to juveniles;

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

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

4. Other projects prescribed by the Presidential Decree to protect and guide juveniles properly.

(7) Procedures

Article 49

and other necessary matters related to the use of collected penalty surcharges referred to in the provisions of paragraph (6), shall be prescribed by the Presidential Decree. <Amended by Act No. 6479, May 24, 2001>

CHAPTER Ⅵ PENAL PROVISIONS

Article 49-2 (Penal Provisions)

Any person, who has violated the provisions of subparagraph 1 of Article 26-2, shall be punished by imprisonment for not less than one year but not more than 10 years.

[This Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

Article 49-3 (Penal Provisions)

Any person, who has violated the provisions of subparagraph 2 or 3 of Article 26-2, shall be punished by imprisonment for not more than 10 years.

[This Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

Article 49-4 (Penal Provisions)

Any person, who has violated subparagraphs 4 through 6 of Article 262, shall be punished by imprisonment for not more than 5 years.

[This

Article 49-2 ~ 49-4

Article Newly Inserted by Act No. 5817, Feb. 5, 1999]

Article 50 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won: <Amended by Act No. 5817, Feb. 5, 1999; Act No. 6261, Feb. 3, 2000; Act No. 6479, May 24, 2001>

1. A person who has sold, lent or distributed the media materials harmful to juveniles to the juveniles, or provided them for seeing and hearing, viewing or utilizing for the purpose of profit-making in violation of Article 17 (1);

1-2. A person who has the juveniles distribute the media materials, etc. tending to cause the criminal urge, or possesses for the purpose of such distribution for the purpose of profit-making in violation of Article 23-2;

2. A person who has employed juveniles to work for establishments harmful to them in violation of Article 24 (1);

3. A person who has sold, rented or distributed drugs referred to in subparagraph 4 (a) (ⅵ) or (ⅶ) of Article 2 or materials referred to in item (b) of the same subparagraph to juveniles in violation of Article 26 (1);

4. A person who is in violation of subparagraphs 7 and 8 of Article 262;

Article 50

and

5. A person who has failed to remove the media materials harmful to juveniles, drugs harmful to juveniles, etc. in violation of Article 36 (1).

Article 51 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding 10 million won: <Amended by Act No. 5817, Feb. 5, 1999; Act No. 6479, May 24, 2001>

1. A person who has failed to stick indications on the media materials, establishments or drugs harmful to juveniles in violation of Articles 14, 24 (4) and 26 (4);

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

3. A person who is in violation of Article 17 (2) and (3) for the purpose of profit making;

4. A person who is in violation 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 Article 19;

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

Article 51

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

8. A person who has sold the liquors under the Liquor Tax Act, the cigarettes under the Tobacco Business Act to juveniles in violation ofArticle 26 (1).

Article 52 (Penal Provisions)

A person who has damaged the juvenile harmful indications or package of media materials harmful to juveniles in violation 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 Article 35, shallbe 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

Article 52 ~ 54

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 referred to in the provisions of Article 37, and has complied with it, the punishment maybe mitigated.

Article 56 (Fine for Negligence)

(1) Any person, who has disobeyed the corrective order under Article 37 (1) 1, 2, or 7, shall be punished by a fine for negligence not exceeding 5 million won. <Newly Inserted by Act No. 5817, Feb. 5, 1999>

(2) Any person falling under each of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won: <Amended by Act No. 5817, Feb. 5, 1999>

1. A person who has failed to furnish copies referred to in the provisions of Article 13;

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

3. A person who has disobeyed the corrective order referred to in the provisions of Article 37 (1) 3 through 6.

Article 55 ~ 56

(3) The fine for negligence referred to in paragraph (1) or (2) shall be imposed and collected by the Juvenile Protection Committee as prescribed by the Presidential Decree (the Juvenile Protection Committee means the Mayor/Do governor where the Juvenile Protection Committee has delegated its authority to the Mayor/Do governor under the provisions of Article 46: hereafter the same shall apply in this Article). <Amended by Act No. 5817, Feb. 5, 1999>

(4) A person who is dissatisfied with the disposition of a fine for negligence referred to in paragraph (3) may raise an objection to the Juvenile Protection Committee within thirty days from the day he is notified of that disposition. <Amended by Act No. 5817, Feb. 5, 1999>

(5) Where an addressee of a disposition of a fine for negligence under paragraph (3) raises an objection pursuant to paragraph (4), 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. <Amended by Act No. 5817, Feb. 5, 1999>

(6) Where the fine for negligence imposed is not paid and no objection is raised within the period as specified in paragraph (4), the fine imposed shall be collected according to the example of a disposition taken to collect national or local taxes in arrears. <Amended by Act No. 5817, Feb. 5, 1999>

Article 56

ADDENDA

Article 1 (Enforcement Date)

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

Article 2 (Transitional Measures concerning Korea Publications Ethics Committee)

Incorporated 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 successorof all the rights and obligations of the former Korea Publications Ethics Committee.

ADDENDA <Act No. 5529, Feb. 28, 1998>

Article 1 (Enforcement Date)

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

Articles 2 through 7 Omitted.

ADDENDA <Act No. 5817, Feb. 5, 1999>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1999: Provided, That the amended provisions of Articles 27 through 31 shall enter into force after the elapse of three months from the date this Act is promulgated.

Article 2 (Transitional Measures concerning Members of Juvenile Protection Committee)

The terms of office for members of the Juvenile Protection Committee, who are appointed or commissioned under the previous provisions of Article 29 (2) at the time of enforcing this Act shall be dealt with according to the previous provisions.

Article 3 (Abrogation of Other Act)

The Protection of Minors Act is hereby abrogated.

Article 4 (Transitional Measures concerning Penal Provisions, etc.)

(1) The application of the penal provisions to any acts violating the previous provisions of the Protection of Minors Act and Article 9 (3) of the National Health Promotion Act before the enforcement of this Act shall be dealt with according to the previous provisions.

(2) Cigarettes, liquor and related articles, substandard comic books, and lascivious

Addenda

documents, books, sound records, video products and other articles, which are removed by the heads of police stations under the previous provisions of Article 5 of the Protection of Minors Act at the time of enforcing this Act, shall be returned or disposed of and then entered in related books under the previous provisions.

(3) The juvenile off-limits areas designated under the previous provisions of Article 2 (2) of the Protection of Minors Act at the time of enforcing this Act shall be deemed the juvenile off-limits areas under the amended provisions of Article 25 of this Act.

Article 5 Omitted.

ADDENDA <Act No. 5942, Mar. 31, 1999>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1999. (Proviso Omitted.)

Articles 2 through 5 Omitted.

ADDENDA <Act No. 6146, Jan. 12, 2000>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2000.

Articles 2 through 9 Omitted.

ADDENDA <Act No. 6261, Feb. 3, 2000>

Addenda

(1) (Enforcement Date) This Act shall enter into force on July 1, 2000.

(2) and (3) Omitted.

ADDENDA <Act No. 6460, Apr. 7, 2001>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 2001.

Articles 2 through 4 Omitted.

ADDENDA <Act No. 6479, May 24, 2001>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 5 (b) (ⅲ) of Article 2 shall enter into force four months after the date of its promulgation.

Article 2 (Transitional Measures on Penal Provisions)

In applying the penal provisions to the offenses committed prior to the enforcement of this Act, the previous provisions shall govern.

Article 3 Omitted.

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