Minors' Real Dolls Are Prohibited from Import... Supreme Court Cites "Increased Risk of Sexual Crimes"

"Treating Children as Sexual Objects, Commodifying Children's Sexuality"… Decision to Remand and Retrial

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has ruled that real dolls modeled after the bodies of underage female minors are legally subject to import clearance suspension by customs as "items that harm public morals." Unlike real dolls modeled after adult female bodies, the import of real dolls shaped like minors' bodies is prohibited.

On the 25th, the Supreme Court's 2nd Division (Presiding Justice Min Yusook) overturned the lower court's ruling that had favored importer A in an appeal lawsuit against the Incheon Customs Director regarding the suspension of import clearance, and remanded the case to the Seoul High Court.

In 2019, A reported to Incheon Customs to import real dolls from a Chinese company but received a suspension of import clearance. The real doll's head part was detachable and connectable by screws, with a size excluding the head of about 150 cm and a weight of approximately 17 kg.

However, customs judged that the real doll falls under "items that harm public morals" according to the Customs Act and issued a suspension of import clearance. Article 234, Clause 1 of the Customs Act stipulates that the import of "items that harm public morals" can be prohibited.

A filed a lawsuit challenging this disposition. Both the first and second trials ended in favor of A. The first trial stated, "Just because the overall appearance resembles a human body or the expression is specific and explicit does not seriously damage or distort human dignity and value, nor does it harm normal sexual modesty." The second trial also maintained the first trial's judgment, saying, "Although this item expresses the appearance of an adult woman more precisely than previous products, it does not reach the level of being indistinguishable from an actual person."

However, on this day, the Supreme Court decided that the second trial's judgment must be reconsidered. The court viewed the real doll, considering its length, weight, and facial impression, as a "sexual tool realistically modeled after the physical appearance of a female under 16 years old." In particular, it pointed out, "Using this item for its intended purpose treats children as sexual objects, commercializes children's sexuality, and raises concerns about increasing the risk of potential sexual crimes against children."

Meanwhile, the Supreme Court had previously ruled that the import of adult real dolls is permissible. In June 2019, an importer won a lawsuit against Incheon Customs regarding the suspension of import clearance for adult real dolls.