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CHAPTER Ⅰ.
GENERAL PROVISIONS |
Article 1 [Purpose]
Article 2 [Definitions]
Article 3 [Family Role]
Article 4 [Responsibility of Society]
Article 5 [Duties of State and Local Governments]
Article 6 [Relationship with Other Acts]
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CHAPTER II.
REGULATION OF DISTRIBUTION OF MEDIA MATERIALS HARMFUL TO JUVENILES |
Article 7 [Scope of Media Materials]
Article 8 [Deliberation and Determination of Media Materials Harmful to Juveniles]
Article 9 [Rating, etc]
Article 10 [Criteria for Deliberation of Media Materials Harmful to Juveniles]
Article 11 [Adjustment of Particulars of Deliberation]
Article 12 [Self-Regulation of Harmful Media Materials]
Article 13 [Presentation of Media Material Copy]
Article 14 [Obligation of Indications]
Article 15 [Obligation of Packing]
Article 16 [Prohibition from Damaging Indications and Packages]
Article 17 [Prohibition from Selling, etc]
Article 18 [Differentiation and Insulation, etc]
Article 19 [Restrictions on Broadcasting Hours]
Article 20 [Restrictions on Advertisements]
Article 21 [Preparation and Notification of List of Media Materials Harmful to Juveniles]
Article 22 [Public Notice of Media Materials Harmful to Juveniles]
Article 23 [Revocation, etc. of Determination of Media Material Harmful to Juveniles]
Article 23-2 [Special Cases for Foreign Media Materials]
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CHAPTER III.
REGULATION OF ESTABLISHMENTS HARMFUL TO JUVENILES DRUGSHARMFUL TO JUVENILES AND ACTS HARMFUL TO JUVENILES, ETC |
Article
24 [Prohibition
of Establishments
Harmful
to Juveniles
from Employing
Juveniles,
 Giving
Them Access]
Article 25 [No-Passing Areas and Passing Restricted Areas for Juveniles]
Article 26 [Protection of Juveniles from Drugs, etc. Harmful to Them]
Article 26-2 [Prohibition of Acts Harmful to Juveniles] |
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CHAPTER IV.
JUVENILE PROTECTION COMMITTEE |
Article 27 [Establishment of Juvenile Protection Committee]
Article 28 [Function of Juvenile Protection Committee]
Article 28-2 [Meetings]
Article 29 [Composition of Juvenile Protection Committee]
Article 30 [Chairman, etc]
Article 31 [Terms of Office of Members]
Article 32 [Autonomy and Job Security of Members]
Article 33 [Organization and Operation]
Article 33-2 [Juvenile Protection Center, etc]
Article 33-3 [Seconding of Public Servants]
Article 33-4 [Appointment of Temporary Public Servants] |
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CHAPTER V.
SUPPLEMENTARY PROVISIONS |
Article 34 [Reports, etc]
Article 35 [Inspection and Investigation, etc]
Article 36 [Removal and Destruction]
Article 37 [Corrective Order]
Article 38 [Specification of Reason]
Article 39 [Raising of Objectionn]
Article 40 [Institution of Litigation]
Article 41 [Exclusive Jurisdiction over litigation of Dissatisfaction]
Article 42 [Cooperation of Head of Related Administrative Agencies]
Article 43 [Delivery of Certificate, etc]
Article 44 [Report]
Article 45 [Korea Publications Ethics Committee]
Article 46 [Delegation of Authorities, etc]
Article 47 [Establishment, etc. of Local Juvenile Affairs Office]
Article 48 [Legal Fiction as Public Servants in Application of Penal Provisions]
Article 49 [Penalty Surcharge]
Article 49-2 [Penal Provisions]
Article 49-3 [Penal Provisions]
Article 49-4 [Penal Provisions] |
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CHAPTER VI.
PENAL PROVISIONS |
Article 50 [Penal Provisions]
Article 51 [Penal Provisions]
Article 52 [Penal Provisions]
Article 53 [Penal Provisions]
Article 54 [Joint Penal Provisions]
Article 55 [Mitigation of Punishment]
Article 56 [Fine for Negligence] |
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| ADDENDA |
Article 1 [Enforcement Date]
Article 2 [Transitional Measures concerning Korea Publications Ethics Committee] |
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| ADDENDA |
Article 1 [Enforcement Date]
Articles 2 through 7 Omitted |
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| ADDENDA |
Article 1 [Enforcement Date]
Article 2 [Transitional Measures concerning Members of Juvenile Protection Committeee]
Article 3 [Abrogation of Other Act]
Article 4 [Transitional Measures concerning Penal Provisions, etc]
Article 5 Omitted |
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| ADDENDA |
| Article
1 [Enforcement
Date] |
|
| ADDENDA |
| Article
1 [Enforcement
Date] |
|
| ADDENDA |
Article 1 [Enforcement Date]
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| 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. |
| Article 2
[Definitions] |
| The definitions of terms used in this Act shall be as follows: |
| (1) |
The term "juvenile" means any person below nineteen years old; |
| (2) |
The term "media materials" means the materials falling under each 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 decision
and 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
notice
under
the provisions
of the
proviso
of Article
8(1) or
the Juvenile
Protection
Committee
puts on
public
notice
after
confirming
them as
hurtful
to juveniles
under
the provisions
of Article
12; |
|
| (4) |
The term "drugs harmful to juveniles, etc." means th drugs (hereinafter referred to as the "drugs harmful to juveniles") falling under each 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 each of the following item (b), which are identified as harmful to juveniles: |
| (a) |
The drugs harmful to juveniles: and |
| (i) |
Liquor; |
| (ii) |
Cigarettes; |
| (iii) |
Narcotics, psychotropic
substances and hemp under the Act on
the Control of Narcotics, Psychotropic
Substances and Hemp; |
| (iv)and (v)
Deleted; |
| (vi) |
Hallucinogs under the
Toxic Chemicals Control Act; and |
| (vii) |
Other drugs which act
on the central nerve to cause the habit,
toxicity and tolerance, etc, harmfully
affecting human bodies 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; |
|
| (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 unless their 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; |
|
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| (5) |
The term "entertainment establishments harmful to juveniles" means the establishments falling under each of the following item (a) (here-inafter referred to as the "establishments banned from employing juveniles or giving them access"), which are identified as harmful to juveniles if they are given access or employed and other establishments falling under each 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 banned from employing them. In this case, actual business acts peformed by them shall be the standards for classifying the establishments regardless of their licenses, permissions, registrations and reports: |
| (a)
|
The establishments banned from employing
juveniles
or giving
them access:
and |
| (i) |
Restaurants prescribed by the Presidential
Decree from among the restaurants under
the Food Sanitation Act; |
| (ii) |
Song-practice and video-show
establishments prescribed by the Presidential
Decree from among the such establishments
under the Sound Records and Video Products
Act; |
| (iii) |
Dance-teaching establishments
and dance establishments under the Installation
and Utilization of Sports Facilities
Act; (iv)Speculative business establishments
under the Act on Special Cases concerning
the Regulation and Punishment of Speculative
Acts, etc.; |
| (iv) |
Establishments which are
complete with telecommunications facilities
and do the business of helping their
customers make lascivious and violent
phone conversations and of intermediating
lascivious and violent acts; and |
| (v) |
Speculative business establishments under the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc.; |
| (vi) |
The business of manufacturing,
producing and distributing the media
materials, drugs and materials which
are harmful to juveniles under the provisions
of subparagraphs 3 and 4 of Article
2 and other business which the Juvenile
Protection Committee identifies as harmful
to juveniles if they are given access
or employed and puts on public notice
according to the standards set by the
Presidential Decree; |
|
| (b)
|
The establishments banned from employing
juveniles:
|
| (i) |
Restaurants prescribed by the Presidential
Decree from among 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 Management Act; |
| (iii) |
The sound-record sales
business, the video sales business,
the video rental business and the game
services business prescribed by the
Presidential Decree from among those
businesses under the Sound Records and
Video Products Act; |
| (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 fees or other charges; and |
| (vii) |
The business of manufacturing, producing and distributing the media materials, drugs and materials which are all harmful to juveniles under the provisions of subparagraphs 3 and 4 of Article 2 and other businesses that the Juvenile Protection Committees identifies as harmful to juveniles if such businesses employ them and puts on public notice according to the standards set by the Presidential Decree;
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| (6) |
The term "distribution" means the act of selling (including street sales, vending machines and communications sales; hereinafter the same shall apply), renting, circulating, broadcasting (including the composite cable broadcasting: hereinafter the same shall apply), showing in 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 for that 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 frequenting the media materials, drugs 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. |
| 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 not to do so. They, 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). |
| (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 5 [Duties of State and Local Governments] |
| (1) |
The State shall formulate and implement policies necessary to clean up the environment harmful to juveniles for the purpose of protecting them 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 the advent of new kinds of the media materials an drugs following the development of electronics and communications technologies and medicine is 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 and the 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. |
| 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 |
|
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| Article 7 [Scope of Media Materials] |
| The term media materials referred to in this Act means what falls under any of the following subparagraphs: |
| (1) |
1.Sound records and video products under the Sound Records and Video Products Act; |
| (2) |
Electronic game-play plates under the Public Health
Act; |
| (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 and the Framework
Act on Telecommunications; |
| (5) |
Broadcasting programs (excluding report programs)
under the Broadcasting Act and the Composite Cable
Broadcasting Act; |
| (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 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,
may ask 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 this Article: |
| |
| 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.
|
| (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 the distribution of which 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 or ex officio, may
specifically indicate kinds, titles and contents
of the media materials in question and identify
them as harmful to juveniles. |
| (6) |
Other necessary matters such as the deliberation
and determination methods of the Juvenile Protection
Committee, shall be prescribed by the 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 organ to 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 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 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
confirm the contents
of the decision, and
the Juvenile Protection
Committee, where it
is deemed necessary,
may commission its
authority to confirm
to each deliberative
organ. |
| (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 of
the 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,
when it finds any
media materials sticked
autonomously with
indications that they
are harmful to juveniles
under paragraph (4),
shall decide whether
or 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 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
subparagraph 6 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) |
The State shall duly
compensate for copies
of the media materials,
which is furnished
under paragraph (1)
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
"juvenile harmful
indications").
|
| (2) |
Persons under obligation
to stick the juvenile
harmful indications
under the provisions
of Article 14 (1),
kinds, period and
methods of the juvenile
harmful indications
and other necessary
matters shall be prescribed
by the Presidential
Decree |
| 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) |
The media materials
harmful to juveniles
shall not be sold,
rented or distributed
to them, and provided
to them for the purpose
of viewing, listening,
showing and utilizing.
|
| (2) |
Any media materials
subject to the juvenile
harmful indications
under the provisions
of Article 14 shall
not be exhibited or
displayed for the
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 selling
or 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 subparagraph
1 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:
1.The case where a
person, who has set
up his automats or
vending machines,
can check the act
of buying media materials
harmful 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 others
advertisements prescribed
by the Presidential
Decree under the provisions
of subparagraph 7
of Article 7, which
are media materials
harmful to juveniles,
shall be not be set
up, stuck or distributed
publicly at places
or in ways falling
under each of the
following subparagraphs:
1.Establishments other
than those banned
from employing juveniles
or giving them access;
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 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
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, and
each 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 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
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 of
media 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. |
| Article
22 [Public Notice
of Media Materials
Harmful to Juveniles]
|
| (1) |
Where deemed necessary
for the purpose of
protecting juveniles,
the Juvenile Protection
Committee shall publicly
announce those media
materials determined
or confirmed pursuant
to the main sentence
of Article 8 (1),
Articles 8 (3) and
12, as media materials
harmful to juveniles.
|
| (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. |
| (3) |
When giving public
notice under the provisions
of paragraphs (1)
and (2), the Juvenile
Protection Committee
shall expressly indicate
reasons for that public
notice and when the
effect of the public
notice will come into
force. |
| (4) |
Necessary matters
concerning public
notice referred to
in paragraphs (1)
through (3) of this
Article, shall be
prescribed by the
Ordinance of the Prime
Minister |
| 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
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 the fact. |
| (3) |
The Juvenile Protection
Committee shall, where
a decision is made
on the revocation
of the previous decision
that media materials
are harmful to juveniles
under paragraphs (1)
and (2), shall put
the revocation on
public notice, expressly
indicating the fact
of the revocation
and the reasons thereof. |
| (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. |
| Article
23-2 [Special Cases
for Foreign Media
Materials] |
| Any person shall be
prohibited from distributing
foreign-produced and
published media materials,
which are feared to
foster lasciviousness,
violence and cruelty
among juveniles or
give them an impulse
to commit crimes,
(including the case
where the media materials
are distributed through
such methods as translation,
adaption, editing
and superimposed subtitles)
or possessing such
media materials for
the purpose of gaining
profits |
| [This Article Newly
Inserted by Act No.
5817, Feb. 5, 1999
] |
| Article
24 [Prohibition of
Establishments Harmful
to Juveniles from
Employing Juveniles,
Giving Them Access]
|
| (1) |
The operators of establishments
harmful to juveniles
shall not employ them.
|
| (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 keep such juveniles
from entering or utilizing
their establishments. |
| (3) |
Notwithstanding the
provisions of paragraph
(2), juveniles accompanied
by a person having
parental power, etc.
may be allowed to
enter such establishments
as prescribed by the
Presidential Decree.
|
| (4) |
The operators and
employees of establishments
harmful to juveniles
shall set up signs
indicating that their
establishments are
prohibited from giving
juveniles access,
allowing them to utilize
their establishments
and employing them
|
| Article
25 [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. |
| (2) |
The head of any local
government, when special
reasons exist for
the need to prevent
crimes and deviations
by juveniles, may
prohibit or restrict
the passing of juveniles
in the areas designated
under paragraph (1)
as prescribed by the
Presidential Decree. |
| (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. |
| (4) |
Any local government
and the competent
police station, when
juveniles attempt
to pass through the
no-passing and passing
restricted areas in
violation of the provisions
of paragraph (2),
may block them from
passing through the
areas and evict any
juveniles passing
through the areas
out of the areas. |
| 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
(excluding those for
study and industrial
purposes as prescribed
by the Presidential
Decree) (including
the case where they
are sold, lent or
distributed through
vending machines,
automats and communications
apparatuses). |
| (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,
object of notification,
and any other necessary
matters referred to
in paragraph (2) of
this Article, shall
be prescribed by the
Ordinance of the Prime
Minister. |
| (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 means
to beg for money or
goods; |
| (6) |
The act of having
juveniles beg for
money or goods or
using them as a means
to beg for money or
goods; |
| (7) |
The act of abusing
juveniles; |
| (8) |
The act of having
juveniles lure customers
on the street for
the purpose of making
profits; |
| (9) |
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 |
| (10) |
Deleted. [This Article
Newly Inserted by
Act No. 5817, Feb.
5, 1999] |
| Article
27 [Establishment
of Juvenile Protection
Committee] |
| 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 means
to beg for money or
goods; |
| (6) |
The act of having
juveniles beg for
money or goods or
using them as a means
to beg for money or
goods; |
| (7) |
The act of abusing
juveniles; |
| (8) |
The act of having
juveniles lure customers
on the street for
the purpose of making
profits; |
| (9) |
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 |
| (10) |
Deleted. [This Article
Newly Inserted by
Act No. 5817, Feb.
5, 1999] |
| Article
28 [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 means
to beg for money or
goods; |
| (6) |
The act of having
juveniles beg for
money or goods or
using them as a means
to beg for money or
goods; |
| (7) |
The act of abusing
juveniles; |
| (8) |
The act of having
juveniles lure customers
on the street for
the purpose of making
profits; |
| (9) |
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 |
| (10) |
Deleted. [This Article
Newly Inserted 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. |
| (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: |
| 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 juvenile-related
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.
|
|
| (3) |
The chairman shall
be appointed to the
position of GradeIstate
public official of
the extraordinary
civil service. |
| (4) |
Deleted. |
| 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 decision
with 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. |
| (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: |
| 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 |
| Article
33-2 [Autonomy and
Job Security of Members]
|
| (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 suffered from
violence, abuse 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
33-4 [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] |
| 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
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 [Removal and Destruction]
|
| (1) |
The Juvenile Protection
Committee, where media
materials, which have
been identified as
harmful to juveniles,
do not carry any indications
that the media materials
concerned are harmful
to juveniles under
the provisions of
Article 14, or they
are distributed without
being packed under
the provisions of
Article 15, may order
the owner of the media
materials and the
distributor of the
media materials to
remove them. |
| (2) |
The Juvenile Protection
Committee, where the
person who is under
the order to remove
the media materials
under paragraph (1)
can not be identified
or the person disobeys
the order, may remove
or destroy the media
materials in question
as prescribed by the
Presidential Decree.
|
| (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 station
may remove, destruct
or take necessary
dispositions against
drugs and media materials
harmful to juveniles
including cigarettes,
liquor, and sex apparatuses
which they own or
posses. |
| (5) |
The Juvenile Protection
Committee and the
head of a police station,
when they take dispositions
under paragraph (4),
shall enter the names
of items, the quantity
of items, the owners
or possessors of items
and the contents of
dispositions in related
books. |
| Article
37 [Corrective Order]
|
| (1) |
The Juvenile Protection
Committee may order
any person falling
under each of the
following subparagraphs
to take corrective
measures: |
| 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 juveniles
in violation
of the
provisons
of Article
15; |
| 3. |
A
person
who exhibits
or displays
to sell
or rent
media
materials
harmful
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
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 Article
7, 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 Objectionn]
|
| 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. |
| (2) |
The period referred
to in paragraph (1)
shall be the peremptory
term |
| Article
41 [Corrective Order]
|
| The litigation of
dissatisfaction referred
to in the provisions
of Article 40 shall
be instituted with
the competent administrative
court which has exclusive
jurisdiction over
the location of an
administrative agency
which has taken the
disposition in question |
| 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 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
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 civic
organizations created
to monitor and file
complaints under paragraph
(1). |
| (3) |
Specific kinds and
titles of the private
sector supervisory
and complaint organizations
referred to in paragraph
(1) of this Article
shall be prescribed
by the Ordinance of
the Prime Minister |
| 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 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) 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. |
| (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 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, 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]
|
| Part of the authorities
of the Juvenile Protection
Committee 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 (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.
|
| (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 Servants
in Application of
Penal Provisions]
|
| (1) |
Members or employees
other than those public
servants engaged in
the duties 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 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 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 gained
profits by performing
the act falling under
each subparagraph
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.
|
| (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 (1)
within a 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. |
| (4) |
The amount of penalty
surcharge collected
pursuant to paragraph
(3) shall be used
by the collector for
the purpose falling
under any of the following
subparagraphs: |
| 1. |
Development
and propagation
of programs
designed
to clean
up the
environment
harmful
to juveniles; |
| 2. |
Assistance
in making
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
properly
juveniles.
|
|
| (5) |
Procedures and other
necessary matters
related to the use
of penalty surcharges
collected referred
to in the provisions
of paragraph (4) of
this Article, shall
be prescribed by the
Presidential Decree |
| Article
49-2 [Penal Provisions]
|
| Any person, who has
violated the provisions
of subparagraph 1
of Article 26-2, shall
be punished by imprisonment
with prison labor
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 with
prison labor 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
26-2, shall be punished
by imprisonment with
prison labor for not
more than 5 years
|
| [This 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 with
prison labor for not
more than three years
or by a fine not exceeding
20 million won: |
| (1) |
A person who has violated
the provisions of
Articles 17 (1) and
23-2 for the purpose
of making profits; |
| (2) |
A person who has employed
juveniles to work
for establishments
harmful to them in
violation of the provisions
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 the provisions
of Article 26 (1); |
| (4) |
A person who has violated
subparagraphs 7 and
8 of Article 26-2;
and 5.A person who
has failed to remove
drugs, etc. harmful
to juveniles in violation
of the provisions
of Article 36 (1) |
| Article
51 [Penal Provisions]
|
| Any person
falling under each
of the following subparagraphs
shall be punished
by imprisonment with
prison labor for not
more than two years
or by a fine not exceeding
10 million won: |
| (1) |
A person who has failed
to stick indications
on his media materials,
establishment or drugs
that they are harmful
to juveniles in violation
of the provisions
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 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 the
juvenile harmful indications
or package of media
materials harmful
to juveniles in violation
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 [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 [Penal Provisions]
|
| 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. |
| (2) |
Any person falling
under each of the
following subparagraphs
shall be punished
by a fine for negligence
not exceeding one
million won: |
| |
| 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. |
|
| (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).
|
| (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.
|
| (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. |
| (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. |
| 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
successor of all the
rights and obligations
of the former Korea
Publications Ethics
Committee. ADDENDA
|
| Article
1 [Enforcement Date]
|
This Act
shall enter into force
on the date of its
promulgation. (Proviso
Omitted.)
Articles 2 through
7 Omitted |
| 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
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
1 [Enforcement Date]
|
| This Act
shall enter into force
on July 1, 1999. (Proviso
Omitted.) |
| Articles
2 through 5 Omitted
|
| Article
1 [Enforcement Date]
|
| This Act
shall enter into force
on July 1, 2000. |
| Articles
2 through 9 Omitted |
| Article
1 [Enforcement Date]
|
| (1) |
(Enforcement
Date) This Act shall
enter into force on
July 1, 2000. |
| (2) |
and (3)
Omitted. |
|
|
 |
|
