Open Decision Ledger · Constitutional, administrative & state liability
Customs refusal of a device modeled on a minor's body
Supreme Court, Nov. 25, 2021, 2021Du46414 (judgment)
No holding summary · checked against points at issue. The official text publishes no summary of the holding for this decision. The quotation and factors in this record are copied verbatim from the points at issue; the evidence for each axis is taken from the points at issue, the order and the reasons.
Case name: 수입통관보류처분취소
Official text on the National Law Information Center
Question
Where a full-body male masturbation device modeled on the appearance of a woman's body is the subject of an import declaration, is it likely to be a good harmful to public morals under Article 234(i) of the former Customs Act when it is a sexual tool realistically modeled on the body of a female under 16?
Holding
It may be. The Supreme Court read the phrase 'harmful to public morals' in Article 234(i) of the former Customs Act as, absent special circumstances, obscenity, to be assessed objectively and normatively from the standpoint of the average person according to the sound social sentiment of the time, with weight given to protecting minors and to freedom from unwanted exposure to obscene material. Judged on its shape, material, function, use and the depiction of the person it models, the item is likely to be a sexual tool realistically modeled on the body of a female under 16 and therefore may be a good harmful to public morals; the appellate court misread that rule and did not deliberate sufficiently, so its judgment was reversed and the case remanded to the Seoul High Court.
Points at issue, verbatim
갑이 여성의 신체 외관을 본뜬 전신 인형 형태의 남성용 자위기구를 수입신고 하였으나, 관할 세관장이 구 관세법 제234조 제1호 에 해당한다는 이유로 위 물품의 수입통관을 보류하는 처분을 한 사안에서, 위 물품은 구 관세법 제234조 제1호가 규정한 ‘풍속을 해치는 물품’에 해당한다고 볼 여지가 있다고 한 사례
Unofficial English translation
A case where, although A filed an import declaration for a male masturbation device in the form of a full-body doll modeled on the appearance of a woman's body, the head of the competent customs office took a disposition withholding the import clearance of the said article on the ground that it fell under Article 234, subparagraph 1 of the former Customs Act, and it was held that there is room for regarding the said article as falling under 'articles contrary to good morals' provided in Article 234, subparagraph 1 of the former Customs Act
Disposition
Reversed and remanded Stated in the decision
원심판결을 파기하고, 사건을 서울고등법원에 환송한다.
Unofficial English translation
The judgment of the court below is reversed, and the case is remanded to the Seoul High Court.
Form of the test
Circumstances weighed Stated in the decision
구체적인 사안에서 당해 물품이 나타내고 있는 인물의 외관과 신체에 대한 묘사 등 여러 사정을 종합적으로 고려하여 개별적으로 판단하여야 한다.
Unofficial English translation
A determination must be made on an individual basis by comprehensively considering, in the specific case at hand, the appearance of the person depicted in the article, the depiction of the body, and various other circumstances.
Factors
- 구 관세법 제234조 제1호가 규정하는 ‘풍속을 해치는’의 의미와 판단 기준
- 아동·청소년의 성보호에 관한 법률 제2조 제5호의 의미와 규정 취지
Unofficial English translation
• Meaning and criteria for determining 'articles contrary to good morals' as provided in Article 234, subparagraph 1 of the former Customs Act
• Meaning and purpose of the provisions of Article 2, subparagraph 5 of the Act on the Protection of Children and Teenagers against Sexual Abuse
Relation to precedent
Follows earlier decisions Stated in the decision
대법원 2009. 6. 23. 선고 2008두23689 판결
Unofficial English translation
Supreme Court Decision 2008Du23689 decided June 23, 2009
Decisions referred to
[1] 대법원 2008. 3. 13. 선고 2006도3558 판결(공2008상, 537), 대법원 2008. 4. 11. 선고 2008도254 판결, 대법원 2009. 6. 23. 선고 2008두23689 판결 / [2] 대법원 2019. 5. 30. 선고 2015도863 판결(공2019하, 1336), 헌법재판소 2015. 6. 25. 선고 2013헌가17, 24, 2013헌바85 전원재판부 결정(헌공225, 978)
Burden of proof
Not addressed Not in the decision
Open question and revisit condition
What combination of shape, material, function, use and depiction turns a sexual tool modeled on a young woman's body into a good likely to harm public morals, and when do youthful features alone cross that line?
The Seoul High Court's judgment on remand would show how the item is finally classified. Any amendment to Article 234(i) of the former Customs Act or to Article 2(v) of the Act on the Protection of Children and Adolescents, and any later Supreme Court or Constitutional Court decision changing the meaning of the customs phrase on public morals or the scope of child and adolescent sexual exploitation material, would require this entry to be read again.
Cross-family AI independent reading & axis check
5 of 8 axes matched GPT-6 Astra (OpenAI, codex CLI) · 2026-10-25
A reader from another model family (GPT-6 Astra), given the official text but not the primary reading, agreed on 5 of the 8 axes; the readings differed on axis 4 (form of the test), axis 5 (factors), axis 8 (open question and revisit condition).
Axis 4 (Form of the test): Primary “Circumstances weighed” vs Independent “Existing test applied”
The primary reads the standard as a comprehensive weighing of shape, material, function, use and depiction, while the independent reading applies the facts to decide whether the device realistically depicts a minor; both lead to remand, so only the label differs.
위 물품은 구 관세법 제234조 제1호가 규정한 ‘풍속을 해치는 물품’에 해당한다고 볼 여지가 있다고 한 사례Axis 5 (Factors): Primary “구 관세법 제234조 제1호가 규정하는 ‘풍속을 해치는’의 의미와 판단 기준 / 아동·청소년의 성보호에 관한 법률 제2조 제5호의 의미와 규정 취지” vs Independent “여성의 신체 외관을 본뜬 전신 인형 형태 / 남성용 자위기구”
The primary lists the statutory concept and the Youth Protection Act definition, while the independent reading lists the physical form and intended use of the device, so the factor sets do not overlap.
여성의 신체 외관을 본뜬 전신 인형 형태Axis 8 (Open question and revisit condition): Primary “What combination of shape, material, function, use and depiction turns a sexual tool modeled on a young woman's body into a good likely to harm public morals, and when do youthful features alone cross that line?” vs Independent “Will further examination establish that this particular device realistically depicts a person under sixteen and therefore warrants withholding customs clearance?”
The primary asks for general criteria combining shape, material, function and depiction, while the independent reading asks whether this specific device is found on remand to realistically depict a minor.
갑이 여성의 신체 외관을 본뜬 전신 인형 형태의 남성용 자위기구를 수입신고 하였으나, 관할 세관장이 구 관세법 제234조 제1호 에 해당한다는 이유로 위 물품의 수입통관을 보류하는 처분을 한 사안에서, 위 물품은 구 관세법 제234조 제1호가 규정한 ‘풍속을 해치는 물품’에 해당한다고 볼 여지가 있다고 한 사례Raw responses and comparison record: Protocol · Blind readings (JSONL) · Axis comparison (JSONL) · SHA-256 (JSON)
Lower-court contrast & scope of application
Lower-court reading vs. Supreme Court holding
Lower-court context: The Seoul High Court, in its judgment of 25 June 2021 (2020Nu56324), held that, taking the circumstances it set out, the item's overall appearance was vulgar and licentious but went no further: it was not a graphic depiction of sexual parts or acts by such explicit means as to seriously impair the dignity and value of the human person. It therefore held that the customs office's decision to withhold clearance was unlawful.
Supreme Court standard: The Supreme Court held that the appellate court had misread the meaning of goods harmful to public morals under Article 234(i) of the former Customs Act and had not deliberated sufficiently. The item is likely to be a sexual tool realistically modeled on the body of a female under 16, so the court below should have examined its shape, material, function, use and the depiction of the modeled person closely before deciding whether it fell within Article 234(i) read with Article 237(iii) of the former Customs Act.
Distinguishing conditions
- A sexual tool not realistically modeled on the body of a person under 16, since the Court required an individual examination of the appearance and body the item depicts.
- A case in which, weighing shape, material, function, use and the depiction of the modeled person, the item is not likely to be goods harmful to public morals, since the Court left that determination to the court below.
- A customs decision grounded on another statutory ground, such as a breach of an obligation under the Customs Act or a risk to public health under Article 237(iii) of the former Customs Act, rather than on Article 234(i).
Record verification notes
Set against the file the item's total length of 148 cm and weight of 17 kg falling well short of the average height and weight of a 16-year-old girl, the youthful face, the realistically modelled genitals without pubic hair, and the exaggerated breasts and buttocks, since the Court relied on these to find it likely to be modeled on a female under 16. Then check whether the appellate court actually examined shape, material, function, use and the depiction of the modeled person, since the reversal rests on misreading the law and insufficient deliberation. Keep the obscenity standard in view: absent special circumstances, the average person, the sound social sentiment of the time, an objective and normative assessment, and the weight given to protecting minors and to freedom from unwanted exposure.
From the official text
Points at issue
[1] 구 관세법 제234조 제1호가 규정하는 ‘풍속을 해치는’의 의미와 판단 기준 [2] 아동·청소년의 성보호에 관한 법률 제2조 제5호의 의미와 규정 취지 [3] 갑이 여성의 신체 외관을 본뜬 전신 인형 형태의 남성용 자위기구를 수입신고 하였으나, 관할 세관장이 구 관세법 제234조 제1호 에 해당한다는 이유로 위 물품의 수입통관을 보류하는 처분을 한 사안에서, 위 물품은 구 관세법 제234조 제1호가 규정한 ‘풍속을 해치는 물품’에 해당한다고 볼 여지가 있다고 한 사례
Unofficial English translation
[1] Meaning and criteria for determining 'articles contrary to good morals' as provided in Article 234, subparagraph 1 of the former Customs Act [2] Meaning and purpose of the provisions of Article 2, subparagraph 5 of the Act on the Protection of Children and Teenagers against Sexual Abuse [3] A case where, although A filed an import declaration for a male masturbation device in the form of a full-body doll modeled on the appearance of a woman's body, the head of the competent customs office took a disposition withholding the import clearance of the said article on the ground that it fell under Article 234, subparagraph 1 of the former Customs Act, and it was held that there is room for regarding the said article as falling under 'articles contrary to good morals' provided in Article 234, subparagraph 1 of the former Customs Act
Summary of the holding
The official text publishes no summary of the holding for this decision. The quotation and factors in this record are copied verbatim from the points at issue; the evidence for each axis is taken from the points at issue, the order and the reasons.
Order
원심판결을 파기하고, 사건을 서울고등법원에 환송한다.
Unofficial English translation
The judgment of the court below is reversed, and the case is remanded to the Seoul High Court.
Provisions referred to
[1] 구 관세법(2019. 12. 31. 법률 제16838호로 개정되기 전의 것) 제234조 제1호 [2] 아동·청소년의 성보호에 관한 법률 제2조 제5호 [3] 구 관세법(2019. 12. 31. 법률 제16838호로 개정되기 전의 것) 제234조 제1호, 제237조 제3호(현행 제237조 제1항 제3호 참조)
Read 2026-10-25 · Cross-read 2026-10-25. All quotes matched against the official text. The Chinese-character placeholders the court used for anonymised parties are given in their Korean readings, and parenthetical Chinese-character glosses are omitted.
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