법갈피

영문법령 / PROTECTION OF MINORS ACT

PROTECTION OF MINORS ACT

법률일부개정시행 1996-06-07법무부 · 제04991호 · 공포 1995-12-06

Article 1(Purpose) #

The purpose of this Act is to protect minors’ health and guide them properly by prohibiting them from smoking, drinking and committing acts harmful to good morals, and also by prescribing matters necessary for their protection.<Amended by Act No. 4991, Dec. 6, 1995>

[This Article Wholly Amended by Act No. 3170, Dec. 28, 1979]

Article 2(Prohibited Matters) #

(1) Minors shall not commit the following acts: <Amended by Act No. 3170, Dec. 28, 1979; Act No. 4340, Mar. 8, 1991; Act No. 4991, Dec. 6, 1995>

1. Smoking;

2. Drinking;

3. Entering entertainment places, and amusement places, etc. which might be harmful to good morals;

4. Corrupting public morals such as sexual morality, etc. in accommodations, swimming beaches, swimming pools, parks, tourist resorts, places of natural beauty and historic interest, and other amusement parks; and

5. Entering minors’ entry restriction zones which are established is amusement center, etc. to prevent minors’ wrongdoings by the chief of the competent police station.

(2) The scope of places or public performance works which are harmful to good morals as referred to in paragraph (1) 3, and the standards for the establishment of minors’ entry restriction zones as referred to in paragraph (1) 5 and the hours when entry into such zones is restricted shall be prescribed by the Presidential Decree. <Amended by Act No. 4340, Mar. 8, 1991>

Article 2-2(Prohibition, etc. of Sale of Substandard Comic Books, etc.) #

No persons shall commit the following acts: <Amended by Act No. 4351, Mar. 8, 1991; Act No. 4991, Dec. 6, 1995>

1. Acts of distributing, selling, donating, lending or viewing to minors comic books which might aggravate minors’ obscene or brutal natures (hereinafter referred to as “substandard comic books”), or which make minors be carried away by the impulse of any crime, or of making minors read such unsound books, and acts of holding, producing, importing, or exporting substandard comic books in order to intermediate or offer such acts; and

2. Acts of distributing, selling, donating, or lending obscene documents, pictures, sound records or video works, other articles to minors, or to making minors view them, and acts of holding, producing, importing, or exporting them in order to aid or offer to such acts.

[This Article Newly Inserted by Act No. 3170, Dec. 28, 1979]

Article 3(Duties of Persons with Parental Authority) #

If any person with parental authority to minors or any person supervise minors on behalf of persons with parental authority, recognize an act as referred to in Article 2 (1), he shall restrain minors from conducting such acts.

Article 4(Duties of Business Managers) #

(1) Any persons who sell tobaccos or liquors and his employees shall not sell or offer them to minors, recognizing minors’ smoking or drinking. <Amended by Act No. 4991, Dec. 6, 1995>

(2) Managers of business places as provided in Article 2 (1) 3 shall not make minors enter their business places: Provided, That this shall not apply to such cases where entries into the business places are allowed under other Acts and subordinate statutes. <Amended by Act No. 4991, Dec. 6, 1995>

(3) In places as provided in Article 2 (1) 4, business acts which make minors corrupt public morals such as sexual morality, or offers of places for those purposes shall be prohibited. <Amended by Act No. 4991, Dec. 6, 1995>

[This Article Wholly Amended by Act No. 3170, Dec. 28, 1979]

Article 5(Measures with respect to Tobaccos, etc.) #

(1) The chief of the competent police station may deliver the relevant minors certificates with respect to tobaccos, liquors, or other articles related to tobaccos or liquors which they own or hold in order to smoke or drink, and may take said tobaccos, liquors or articles away, which should be returned to persons having ownership or other rights (limited to such cases where persons having ownership or other rights to tobaccos, liquors, or articles related to such tobaccos, liquors are not minors) or take a disposition of destruction with the consent of such relevant persons or minors’ guardians.

(2) The chief of the competent police station may deliver certificates with respect to substandard comic books, or obscene documents, pictures, sound records, video works, or other articles which minors own or hold, take away them, and take a disposition of destruction or other necessary dispositions.

(3) If the chief of the competent police station has taken any disposition as provided in paragraph (1) or (2) above, he shall enter names, quantities, owners or holders of the said articles, the contents of dispositions taken with respect to them, etc. in the recording books concerned.

[This Article Wholly Amended by Act No. 4991, Dec. 6, 1995]

Article 6(Penal Provisions) #

(1) Any person who violates the provisions of Article 4 (1) or (2) shall be punished by imprisonment for not more than one year, a fine not exceeding three million won, a penal detention, or by a minor fine. <Amended by Act No. 3170, Dec. 28, 1979; Act No. 4991, Dec. 6, 1995>

(2) Any person who violates the provisions of Article 4 (3) shall be punished by imprisonment for not more than three years, or by a fine not exceeding ten million won. <Newly Inserted by Act No. 3170, Dec. 28, 1979; Act No. 4991, Dec. 6, 1995>

Article 6-2(Penal Provisions) #

Any person who, for the purpose of profits, commits acts as referred to in any of subparagraphs of Article 2-2 shall be punished by imprisonment for not more than two years, a fine not exceeding five million won, a penal detention, or by a minor fine. <Amended by Act No. 4991, Dec. 6, 1995>

[This Article Wholly Amended by Act No. 3170, Dec. 28, 1979]

Article 7(Joint Penal Provisions) #

If any representative of a juristic person, or an agent, servant or employee of a juristic person or individual, conduct acts which fall under the grounds of penal provisions as referred to in Article 6 or 6-2, in connection with affairs of the juristic person or individual, the said juristic person or individual offenders shall be punished by a fine as referred to in each of the relevant Articles in addition to the relevant offenders.

[This Article Wholly Amended by Act No. 3170, Dec. 28, 1979]