Importing sex dolls legal unless they resemble minors, Korea's top court reaffirms

Home > National > Social Affairs

print dictionary print

Importing sex dolls legal unless they resemble minors, Korea's top court reaffirms

An employee organizes sex dolls in an inventory in Seoul on Feb. 24, 2021. [NEWS1]

An employee organizes sex dolls in an inventory in Seoul on Feb. 24, 2021. [NEWS1]

 
The Supreme Court has reaffirmed its 2019 ruling that life-size sex dolls modeled after the human body cannot be subject to a blanket import ban, while maintaining that dolls resembling minors remain illegal, according to legal sources on Friday.
 
The decision comes after a Korean distributor sued the Korean customs office after its attempt to import three sex dolls in March 2020 was denied clearance. The Gimpo Airport Customs Office deemed the items obscene and harmful to public morals. The importer filed a lawsuit, arguing that the customs decision was unjust. 
 

Related Article

 
The lower courts ruled in the importer's favor.
 
“‘Obscenity’ goes beyond merely being vulgar or giving an indecent impression and refers to explicit depictions of sexual organs or acts in a way that seriously damages or distorts human dignity and values,” the lower court ruled. “The items in this case cannot be deemed obscene simply because they resemble the human form.”
 
The lower court cited a 2008 Supreme Court ruling that revised the legal definition of “obscenity” from a vague, conservative standard to a more objective, context-based assessment reflecting social norms.
 
The lower courts also found that the standard does not change simply because the items are sex toys. 
 
“Sex toys are tools used very privately and discreetly,” the court said. “The law does not regard sex toys themselves as obscene. There are only regulations in place to protect minors.” 
 
The court added that if such items are used in public spaces, they could be subject to criminal punishment under other laws.
 
The Supreme Court also sided with the lower courts on Feb. 26.
 
Former lawmaker Lee Yong-ju displays a sex doll while questioning officials during a parliamentary audit of the Ministry of Trade, Industry and Resources at the National Assembly in Yeouido, Yeongdeungpo District, western Seoul, on Oct. 18, 2019. [NEWS1]

Former lawmaker Lee Yong-ju displays a sex doll while questioning officials during a parliamentary audit of the Ministry of Trade, Industry and Resources at the National Assembly in Yeouido, Yeongdeungpo District, western Seoul, on Oct. 18, 2019. [NEWS1]

 
“The dolls in question depict the appearance of a female body in detail,” the court said. “It is difficult to conclude that they explicitly depict sexual parts in a blatant manner to the extent that they are obscene, or that they are modeled after the body of a minor under the age of 16."
 
The Supreme Court first permitted the import of sex dolls in 2009 and set criteria for when imports can be restricted — including cases where the dolls explicitly depict sexual organs in a way that is deemed to seriously undermine human dignity or are modeled after minors under 16.
 
Debate has continued over whether such products should be viewed as “adult consumer goods” or as contributing to the “sexual objectification” of women.
 
Protesters rally against the Supreme Court ruling that it is legal to import sex dolls into Korea during a protest in Sept. 28, 2019. [NEWS1]

Protesters rally against the Supreme Court ruling that it is legal to import sex dolls into Korea during a protest in Sept. 28, 2019. [NEWS1]

 
As imports of sex dolls from China and Japan increased in the 2010s, the issue again became a source of controversy. Backlash from women’s groups intensified in June 2019, when the Supreme Court once again allowed the import of sex dolls.
 
A public petition calling for a ban on imports and sales was filed on the Blue House website, and the issue was even raised during a parliamentary audit, where a lawmaker displayed a sex doll.
 
The Supreme Court has consistently held that only dolls that resemble minors must be banned. In 2021, the court ruled that a sex doll that was significantly shorter than an average adult woman and depicted an immature appearance “could increase the risk of potential sex crimes against children.”
 
Despite the 2019 ruling, the Korea Customs Service continued to withhold clearance and lost a series of administrative lawsuits. In 2022, customs announced that it would allow imports except in cases where the dolls resemble minors, depict specific individuals or include features such as heating or voice functions that require safety verification.


This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY CHOI SEO-IN [[email protected]]
Log in to Twitter or Facebook account to connect
with the Korea JoongAng Daily
help-image Social comment?
s
lock icon

To write comments, please log in to one of the accounts.

Standards Board Policy (0/250자)