【Holding】
Whether the type of business of "a business providing services where sexual acts, such as physical contact between unspecified persons or exposure of private parts, are conducted or where similar acts are likely to be conducted, as determined by the Juvenile Protection Committee and publicly notified by the Minister of Gender Equality and Family," which is prescribed as one of the businesses prohibited from admitting and employing juveniles under Article 2 subparag. 5(a)8 of the former Youth Protection Act, is limited to cases where acts such as physical contact take place "between an entertainment hostess and unspecified customers" or "between unspecified customers who do not know each other" (negative)
【Summary of Decision】
The Youth Protection Act was enacted for the purpose of enabling juveniles to grow into sound individuals by regulating juveniles' access to harmful establishments, etc. and protecting and relieving juveniles from harmful environments (Article 1). Article 2 subparag. 5 of the former Youth Protection Act (before being amended by Act No. 20935, Apr. 22, 2025; hereinafter the same) divides establishments harmful to juveniles into establishments prohibited from admitting and employing juveniles and establishments prohibited from employing juveniles, classifying establishments where both the admission and employment of juveniles are recognized as harmful to juveniles as the former, and establishments where the admission of juveniles is permitted but their employment is recognized as harmful as the latter. Establishments prohibited from admitting and employing juveniles include "video viewing room businesses, restricted-viewing video small theater businesses, and multi-media provision businesses under Article 2 subparag. 16 of the Promotion of the Motion Pictures and Video Products Act (the “Motion Pictures and Video Act”, 영화비디오법)" [Article 2 subparag. 5(a)4] and "a business providing services where sexual acts, such as physical contact between unspecified persons or exposure of private parts, are conducted or where similar acts are likely to be conducted, as determined by the Juvenile Protection Committee and publicly notified by the Minister of Gender Equality and Family" [Article 2 subparag. 5(a)8].
The former Public Notice on the Determination of Establishments Prohibited from Admitting and Employing Juveniles (before being amended and implemented by Ministry of Gender Equality and Family Public Notice No. 2023-25, May 25, 2023), issued under the delegation of Article 2 subparag. 5(a)8 of the former Youth Protection Act, determines and publicly notifies as "establishments prohibited from admitting and employing juveniles" businesses equipped with facilities of the types in each item of subparagraph 2 within premises of the form in subparagraph 1 and operated in the forms in each item of subparagraph 3. Subparagraph 1 prescribes the form of premises as "premises partitioned into closed rooms, enclosed spaces, or cubicles, or similar premises"; subparagraph 2 prescribes the types of facilities as "(a) facilities with separate installations such as a toilet or bathtub, (b) facilities furnished with bedding, a bed, or chairs, sofas, etc. convertible into a bed, (c) facilities equipped with computers, TVs, equipment for viewing video products, karaoke machines, etc., and (d) facilities furnished with sex-related devices such as adult dolls (real dolls) or masturbation devices"; and subparagraph 3 prescribes the forms of business as "(a) businesses where physical contact such as kissing, caressing, indecent massage, or nude shows takes place, or where sex-related body parts are likely to be exposed or sexual intercourse or quasi-sexual intercourse is likely to take place, (b) businesses where mainly adult media such as adult videos or games, or speculative games, are likely to be distributed, and (c) businesses where sex-related devices such as adult dolls (real dolls) or masturbation devices may be used." Meanwhile, the above Public Notice was amended on May 25, 2023, adding a provision excluding a "business whose main purpose is the provision of space (e.g., room cafés)" that has premises of the form in subparagraph 1 from establishments prohibited from admitting and employing juveniles only where it meets certain requirements concerning walls, doors, locking devices, and screens.
In light of the wording, structure, and legislative purpose of the above provisions and the relationship between the Youth Protection Act and the above Public Notice, the type of business prescribed in Article 2 subparag. 5(a)8 of the former Youth Protection Act cannot be interpreted as being limited to cases where acts such as physical contact take place "between an entertainment hostess and unspecified customers" or "between unspecified customers who do not know each other."
【Referenced Statutes】
Article 2 subparag. 5(a)4 and 8, Article 29(2) and (6), and Article 59 subparags. 8 and 9 of the former Youth Protection Act (before being amended by Act No. 20935, Apr. 22, 2025); Article 1 of the Youth Protection Act; subparags. 1, 2, and 3 of the former Public Notice on the Determination of Establishments Prohibited from Admitting and Employing Juveniles (before being amended by Ministry of Gender Equality and Family Public Notice No. 2023-25, May 25, 2023); subparags. 1, 2, and 3 of the former Public Notice on the Determination of Establishments Prohibited from Admitting and Employing Juveniles (before being amended by Ministry of Gender Equality and Family Public Notice No. 2025-8, Dec. 1, 2025)
(Source: Supreme Court Decision 2025Do22186, July 16, 2026 | Judicial Information Disclosure Portal, Precedents)
2026. 10. 14. · By Attorney Dongwoo Shin
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