The Supreme Court of Korea ruled that the withholding of customs clearance by a Korean customs office for the importation of “real dolls” into Korea was unlawful ( 2021du49857 ). The Korean customs office held that the prohibition was justified because, in its opinion, the dolls may harm “pubic morals,” and Korea’s Customs laws and jurisprudence permit prohibiting the import of goods that may harm public morals even without a substantiated iteration of an argument noting that the prohibition is likely to harm public morals.
In South Korea, customs clearance for items that may harm “public morals” is governed primarily by the Customs Act of Korea, along with related enforcement decrees and overlapping Korean criminal statutes. The main body that enforces the Korean Customs Act is the Korea Customs Service.
The relevant law in question is Article 234 of the Customs Act of Korea.
Law in Question: Article 234 of the Customs Act of Korea (Prohibition of Import/Export, etc.)
“No person shall import or export goods that are likely to disturb public safety or morals.”
Facts in the Korean Customs Clearance of “Real Dolls” Case
- A Company imported three dolls that resembled young women.
- The head of Gimpo Airport Customs withheld customs clearance, claiming the dolls may harm “public morals.”
- The company filed an administrative lawsuit in November 2020 to invalidate the customs office’s order.
- The court of first instance ruled against Korea Customs Service, noting, in short, that no substantial evidence was submitted indicating that the dolls would harm public morals solely on the basis of their appearance. The appellate court upheld the disposition of the court of first instance.
Supreme Court of Korea Judgment
The Supreme Court of Korea dismissed the appeal of the Head of Gimpo Airport Customs and affirmed the judgment of the lower court (appellate court). The Supreme Court of Korea ruled that “real dolls” may be subject to customs clearance suspension under the Customs Act of Korea as “goods that harm public morals” only when they are “obscene” or are sex toys that realistically model the physical appearance of a minor under the age of 16. The Court opined that these dolls could be prohibited if evidence existed that they may be used outside private areas; however, customs failed to investigate the purpose of the import, the space, and the method.
About IPG Legal
IPG Legal is a leading international law firm with offices in Seoul, Korea. The law firm represents multinational corporations, executives, and individuals in complex Korean legal matters.
IPG Legal Customs & Trade Practice advises clients on a wide range of customs and trade matters in Korea, including import and export compliance, customs clearance issues, tariff classifications, origin determinations, valuation disputes, duty assessments, customs investigations, and enforcement actions. The law firm works with CPAs, customs agents, and other professionals to help multinational companies, foreign investors, manufacturers, distributors, and trading companies navigate Korea’s complex regulatory environment while minimizing commercial risk and avoiding costly disruptions to supply chains.
IPG Legal’s customs and trade practice includes advising on matters involving the Korea Customs Service, import restrictions, product seizures, goods alleged to violate public morals or public safety standards, unfair trade concerns, documentation requirements, free trade agreement compliance, and administrative and criminal exposure arising from customs-related violations. The firm also assists clients with strategic compliance reviews, internal investigations, responses to government inquiries, administrative appeals, negotiations with regulators, and disputes involving cross-border trade and market access.
With extensive experience advising international businesses in Korea, IPG Legal provides practical, business-focused counsel tailored to the realities of cross-border commerce. The firm is known for delivering clear, direct guidance to companies facing urgent customs holds, regulatory scrutiny, and trade-related disputes in one of Asia’s most sophisticated and highly regulated markets.
About Sean Hayes
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