According to the court on the 23rd, the 6th administrative division of the Seoul Administrative Court (deputy judge Lee Sang-hoon) ruled on the 18th to cancel the import customs hold in a lawsuit for canceling the import customs hold against the head of the Gimpo airport customs office by Realdoll importer A.
Earlier, Company A filed an import declaration at Gimpo Airport Customs while importing Realdoll from a Chinese adult product company in October 2019. However, in January of last year, customs officials made a disposition to withhold Realdoll’s import customs clearance.
In disagreement with this, Company A requested the Customs Office to cancel the disposition of the case and request for permission for customs clearance, but the Korea Customs Office did not make a decision. In the course of the trial, Company A expressed or described a specific sexual part of a person in such a way that it could be assessed that Realdoll was a male masturbator with a shape and size similar to that of an adult woman’s body, but it seriously undermined human dignity and value. He emphasized that it cannot be seen as a.
In addition, despite the court’s final legal interpretation for items similar to those in this case, it was argued that it was unfair because the customs office held a disposition to withhold import customs clearance.
On the other hand, the customs side refuted that Real Doll is an adult product made solely to arouse sexual interest and relieve sexual desire, and that it corresponds to a’goods that harm the customs’ that are prohibited to be imported under the Customs Act.
The court admitted that the real doll in this case gave a feeling of vulgarity and disorder as a whole, but judged that it did not express the sexual part in such a way that it could be evaluated as seriously damaging or distorting the dignity and value of a person.
The judge said, “Sexual instruments are tools that are manufactured for the purpose of satisfying sexual satisfaction instead of physical contact, and inevitably have no choice but to realistically implement the shape and attributes of the body.” “The overall appearance is similar to the body, or the expression of the genitals is specific. “I don’t mean to conclude that it goes against sexual morality.”
“Sexual devices similar to the body play an important role not only for sexual satisfaction or pleasure, but also for users with physical and psychological sexual dysfunction. At least, sexual devices that can give sexual disgust to the public are openly displayed. Banning the import itself should be very cautious unless it is sold and there is a need to sanction such behavior.”
The court also said, “It is difficult to find any other legal basis for prohibiting the import of sexual devices for the purpose of private and confidential use of adults. If the display or sale causes sexual disgust to the public, it will be punished in accordance with the relevant criminal law. In addition, due to these concerns, the import customs clearance of the sexual device itself will not be withheld.”
Meanwhile, the Supreme Court ruled in June 2019 to cancel Realdoll’s suspension of import customs clearance, saying, “It is not enough to seriously damage or distort human dignity and value.” There is a bar.
(Seoul = News 1)
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