Article 1(Purpose) #
The purpose of this Act is to preserve the well-founded social morals and customs and to protect juveniles from a harmful environment by regulating acts, etc. that are offensive to the good public morals or harmful to a sound upbringing of the juveniles, at any place carrying on an amusement business affecting the public morals.
[This Article Wholly Amended on Jul. 23, 2010]
Article 2(Scope of businesses affecting public morals) #
The term "amusement business affecting the public morals" in this Act means any of the following businesses:
1. A business of providing games under subparagraph 6 of Article 2 of the Game Industry Promotion Act and a business of providing multi-distribution games under subparagraph 8 of Article 2 of the same Act;
2. A business of running a video-viewing establishment under subparagraph 16 (a) of Article 2 of the Promotion of the Motion Pictures and Video Products Act;
3. A karaoke machine business under subparagraph 13 of Article 2 of the Music Industry Promotion Act;
4. A business determined by Presidential Decree among the lodging business, public bath business, and barbering business under Article 2 (1) 2 through 4 of the Public Health Control Act;
5. A business determined by Presidential Decree among the business providing food services under Article 36 (1) 3 of the Food Sanitation Act;
6. A dance institute business and dance hall business under Article 10 (1) 2 of the Installation and Utilization of Sports Facilities Act;
7. Other businesses prescribed by Presidential Decree as offensive to the good public morals, or harmful to the sound upbringing of juveniles.
[This Article Wholly Amended on Jul. 23, 2010]
Article 3(Matters to be observed) #
A person who carries on an amusement business affecting the public morals (including persons who carry on an amusement business affecting the public morals without obtaining permission or authorization or making registration or report; hereinafter referred to as "person carrying on the amusement business affecting the public morals") and persons engaging in such business who are prescribed by Presidential Decree, shall not conduct any of the following acts at a place operating the amusement business affecting the public morals (hereinafter referred to as "amusement business place affecting the public morals"):
1. The act of arranging sexual traffic under Article 2 (1) 2 of the Act on the Punishment of Arrangement of Commercial Sex Acts;
2. Conducting any lewd act or arranging or providing a service thereof;
3. Conducting any of the following acts with respect to lewd documents, pictures, motion pictures, phonograph records, video products or others:
(a) Circulating, selling or lending them or allowing another person to do so;
(b) Allowing another person to watch or view them;
(c) Displaying or storing them for the purpose of circulation, sale, lending, watching, or viewing;
4. Allowing another person to engage in any gambling or other speculative acts.
[This Article Wholly Amended on Jul. 23, 2010]
Article 4(Notification of amusement business affecting public morals) #
(1) A person who grants permission for an amusement business affecting the public morals under other Acts (including persons who grant authorization or receive registration or report; hereinafter referred to as "permission-granting agency") shall notify the superintendent of the police station having the jurisdiction over the location of the amusement place affecting the public morals (hereinafter referred to as "superintendent of the police station") of the following matters:
1. Name and address of the person carrying on the amusement business affecting the public morals (in the case of a corporation, including the name and address of its representative);
2. Title and address of the amusement business place affecting the public morals;
3. Type of the amusement business affecting the public morals.
(2) Where a person carrying on the amusement business affecting the public morals suspends or discontinues the business, the contents of the business are changed, or any ground prescribed by Presidential Decree arises, the permission-granting agency shall notify the superintendent of the police station thereof.
[This Article Wholly Amended on Jul. 23, 2010]
Article 5 #
Deleted. <Mar. 31, 1999>
Article 6(Notification on offense) #
(1) If a person carrying on the amusement business affecting the public morals or a person engaging in such business who is prescribed by Presidential Decree, violates Article 3, the superintendent of the police station shall notify the permission-granting agency thereof and the Commissioner of the National Tax Service of materials necessary for taxation. <Amended on May 29, 2016>
(2) The permission-granting agency shall, upon the receipt of the notification under paragraph (1), take necessary administrative dispositions based on the details of the notification, such as revocation of permission, suspension of business, order to improve facilities, etc., and then notify the superintendent of the police station of the results thereof.
(3) The Commissioner General of the Korean National Police Agency or the head of a local government shall establish and operate an information sharing system to share information regarding amusement business place affecting the public morals which have received administrative dispositions pursuant to paragraph (2). <Added on Mar. 27, 2015>
[This Article Wholly Amended on Jul. 23, 2010]
Article 7 #
Deleted. <Mar. 31, 1999>
Article 8 #
Deleted. <Mar. 31, 1999>
Article 8-2 #
Deleted. <Mar. 31, 1999>
Article 9(Entry) #
(1) If particularly necessary, the superintendent of the police station may have any police official enter an amusement business place affecting the public morals to inspect as to whether a person carrying on the amusement business affecting the public morals and a person engaging such business who is prescribed by Presidential Decree comply with the matters to be observed under Article 3. <Amended on Dec. 22, 2020>
(2) The police official who enters and inspects an amusement business place affecting the public morals pursuant to paragraph (1) shall carry identification verifying his or her authority, and present it to relevant persons. <Amended on Dec. 22, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
Article 10(Penalty provisions) #
(1) A person who commits an act of arranging sexual traffic, etc. at an amusement business place affecting the public morals in violation of subparagraph 1 of Article 3 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
(2) A person who allows another person to conduct any lewd act or fails to comply with other matters to be observed at an amusement business place affecting the public morals, in violation of subparagraphs 2 through 4 of Article 3, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won.
[This Article Wholly Amended on Jul. 23, 2010]
Article 11 #
Deleted. <Mar. 31, 1999>
Article 12(Joint penalty provisions) #
If a representative of a juristic person, or an agent, a servant, or other employees of a juristic person or individual, commits any offense prescribed in Article 10 in connection with the affairs of the juristic person or individual, the fine prescribed in the same Article shall also be imposed on the juristic person or individual, in addition to the punishment of the offender.
[This Article Wholly Amended on Mar. 22, 2010]
Article 13 #
Deleted. <Mar. 31, 1999>