Supreme Court: Blanket Ban on Real Doll Import Clearance Unlawful...Appearance Alone Not Grounds for Judgment

"Comprehensive Review of Intended Use and User Required"
Import Restrictions Still Apply to Depictions of Minors and Explicit Features

Yonhap News Agency

The Supreme Court has ruled that the customs authorities' blanket ban on the import of sex dolls, known as "real dolls," is unlawful.

According to the legal community on April 4, the Supreme Court's First Division upheld a lower court's ruling in favor of distributor Company A, which had filed a lawsuit against the head of Gimpo Airport Customs seeking to overturn the suspension of import clearance.

Company A attempted to import real dolls in 2020, but filed a lawsuit after customs officials withheld clearance. The key issue was whether the item constituted "goods harmful to public morals" under the Customs Act.

The Supreme Court found that it was unlawful for customs to block clearance based solely on the appearance of the product without investigating its intended use or the identity of the user. The court clarified that, to determine whether a real doll is harmful to public morals, a comprehensive review of its import purpose, user, and usage environment must be conducted.

However, the Supreme Court also made it clear that not all real dolls are permitted. The court explained that dolls which excessively depict sexual organs, or are modeled after minors, may be considered goods harmful to public morals. In addition, the court noted that if a real doll is used beyond personal use, such as in public spaces, there may be concerns that it could harm public morals.

This content was produced with the assistance of AI translation services.