[Asia Economy Reporter Lee Jung-yoon] A court ruling has stated that real dolls could be considered "items harmful to public morals" depending on their intended use and user, and thus import customs clearance may be withheld.
The Seoul Administrative Court, Administrative Division 11 (Presiding Judge Kang Woo-chan), on the 23rd, ruled in favor of adult product manufacturer Company A and others in a lawsuit against the Gimpo Airport Customs Director seeking cancellation of the import customs clearance withholding decision. While ruling in favor of the plaintiffs due to insufficient investigation and procedural defects by customs, the court also made this determination.
The court explained, "If there is some concrete evidence regarding concerns that these items might be used in real doll experience rooms operating similar to prostitution businesses in locations easily accessible to children or adolescents, it can be recognized as a reason to withhold customs clearance on the grounds of 'risk of harming public morals' for the items in question."
This means that if it can be reasonably inferred that real dolls will be used in "real doll experience rooms" or similar prostitution establishments near facilities for children and adolescents, they may be subject to customs clearance withholding.
However, the court found that customs did not conduct a proper fact-finding investigation and issued a provisional withholding decision without setting a period, deeming the withholding decision illegal and ruling in favor of Company A and others.
Company A filed an import declaration for real dolls in January last year, but customs withheld clearance. Company A argued that withholding clearance was illegal despite the Supreme Court precedent allowing real doll imports. They also stated that the product differs from actual human body shapes and does not explicitly depict or describe sexual parts to the extent that it seriously damages or distorts human dignity and value.
Previously, in 2019, the Supreme Court issued a final ruling permitting the import of real dolls, and lower courts have ruled that real dolls do not fall under "items harmful to public morals." However, this court stated that whether real dolls constitute "items harmful to public morals" cannot be judged solely by the obscenity of the item itself, but must comprehensively consider the user, context, environment, social perception, and ripple effects.
The court added, "In cases where it is unclear or ambiguous whether there is a risk of harming public morals, customs should consider more proactive administrative measures, such as attaching conditions like distribution history tracking to confirm the usage of real dolls after customs clearance."
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