(영문) 대구고등법원 2018.5.18.선고 2018누2293 판결

The Defendant’s refusal to issue magazines as of April 18, 2017 to the Plaintiff, the Defendant’s refusal to issue magazines, and ② the refusal to use self-learning cards on May 10, 2017, and ③ the refusal to grant permission to purchase non-loans and to bring them into Korea, other than the visual line on June 9, 2017 (the first instance judgment, ② the part on the disposition was excluded from the scope of the trial as of June 1, 201 because it was not appealed).

2. Purport of appeal

The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be filed.

Reasons

1. Details of the disposition;

A. On January 21, 2010, the Plaintiff was detained in a 00 detention house for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.). On May 12, 2010, the Plaintiff was sentenced to a 13-year imprisonment by the Busan High Court, which became final and conclusive on May 12, 201, and was serving in several prisons, and was transferred to a B prison from July 13, 201.

B. On April 18, 2017, the Plaintiff applied for the issuance of “NUD STR STRY, 000” (hereinafter “instant magazines”) No. 15, May 2017, which is a magazine distributed outside to the Plaintiff via a selective distribution, to the Defendant.

C. On April 18, 2017, the Defendant issued only a beer magazine to the Plaintiff, and rejected the Plaintiff’s request for issuance pursuant to Articles 26(1), 27(1), and 92 of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter “Punishment Execution Act”) on the ground that the instant magazine contains a large number of obscene content inappropriate for correction and edification of prisoners,” and Article 22(3) of the Enforcement Rule of the same Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 7, 34 (including branch numbers; hereinafter the same shall apply), Eul

Each entry of evidence of subparagraphs 3 through 9, images, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Since the instant magazine does not constitute a harmful publication under Article 47(2) of the Punishment and Execution Act, there is no reason to treat the instant magazine differently from other magazines, such as beer, etc. Nevertheless, the Defendant’s arbitrary determination of denying the Defendant’s application for the issuance of the instant magazine is deemed to infringe upon the Plaintiff’s right to know and the right of consumer as guaranteed by the Plaintiff’s freedom of press and publication, and to deviate from and abuse the discretionary power against the principle of proportionality.

B. Relevant statutes

Attached Form 3 is as listed in the "relevant Acts and subordinate statutes".

C. Determination

1) Facts of recognition

A) In the instant magazine, a number of articles describing a woman’s b body photograph (no one is exposed to any conspiracy) and a sexual intercourse between men and women are inserted.

B) As a result of the instant magazine’s review of harmfulness by the Publication Ethics Commission of the Korea Publication Industry Promotion Agency, it is determined that it constitutes a “publication harmful to juveniles” under each subparagraph of Article 9(1) of the Juvenile Protection Act, but it does not constitute a “harmful publication” under Article 2 subparag. 8 of the Publishing Industry Promotion Act.

C) Article 19(1)2 of the Publishing Industry Promotion Act provides that “The obscenity content of a publication clearly undermines the sound sexual ethics of the private meeting” shall be determined as a harmful publication (Article 19(1)2), and Article 13(2) of the Enforcement Decree of the Publishing Industry Promotion Act, which provides for detailed criteria for deliberation on the harmfulness of a publication in accordance with the delegation under Article 19(4) of the same Act, provides for the following:

[ 별표 1 ]간행물의 유해성 심의에 관한 세부 심의기준 ( 제13조 관련 )2 . 음란한 내용을 노골적으로 묘사하여 사회의 건전한 성도덕을 뚜렷이 해치는 것가 . 남녀의 성기나 음모를 노골적으로 노출시키거나 성행위 및 성기 애무 장면을 극히 음란하게 묘사하여 , 정상인의 성적 수치심을 현저하게 유발하는 것나 . 수간 ( 獸姦 ) , 시간 ( 屍姦 ) , 혼음 ( 混淫 ) , 가학성 ( 加虐性 ) · 피학성 ( 被虐性 ) 음란증 등 각종변태적 행위와 근친상간 ( 近親相姦 ) 등을 흥미 위주로 극히 음란하게 묘사하여 인간의존엄성과 성윤리를 현저히 왜곡하는 것다 . 강간 ( 强姦 ) , 윤간 ( 輪姦 ) 등의 성범죄를 극히 음란하게 묘사하여 선량한 성적 도의 관념에어긋나는 것

Detailed criteria for deliberation on harmfulness of publications (related to Article 13)

[Ground of recognition] Facts without dispute, Gap evidence 1 to 40 (including branch numbers; hereinafter the same shall apply)

2) Whether the instant disposition deviates from or abused the discretionary power

A) Relevant legal principles and the content of statutes

Based on the rate, the contents and nature of the specific freedom and right, and the form and degree of such restriction are set up by bridge. Some restrictions on these fundamental rights are inevitable to maintain the safety and order in the accommodation facility, even if they are in inevitable, they infringe on the essential contents thereof, or are justifiable and protected for the purpose.

Contents, Videos, the purport of the whole pleadings

Pursuant to Article 37(2) of the Constitution, the specific limitation of prisoners’ fundamental rights should not be in violation of the principle of excessive prohibition, which means the appropriateness of law, the minimum of damage and the balance of legal interests (see Constitutional Court Order 2002Hun-Ma478, Dec. 16, 2004).

Article 27(1) of the Execution of Punishment Act provides that, in cases where a person other than a prisoner applies for the delivery of money and valuables to a prisoner, the delivery of money and valuables may be denied if there is a risk of undermining the edification of a prisoner or his/her sound rehabilitation into society (No. 1), and the safety or order of a facility may be harmed (No. 2), and the delivery of money and valuables may be permitted, except for those cases. Article 22(3) of the Enforcement Rule of the Administration Act providing necessary matters for the enforcement thereof provides that, in cases where a person other than a prisoner applies for the delivery of articles other than food and drink to a prisoner, "goods containing obscenity or a stimulative pattern (No. 2)," "goods containing obscenity or a stimulative pattern (no. 6)" and "goods that are likely to harm the edification or sound rehabilitation of a prisoner, or are likely to harm the security or order of a correctional institution" (no. 6).

In light of the purport and contents of the above relevant statutes, the determination of whether to permit the application for delivery of money and valuables to prisoners under the Execution of Punishment Act is the discretionary act of prison warden. However, with respect to whether there is any illegality of deviation or abuse of discretion contrary to the principle of proportionality in the decision of denial, it shall be strictly determined to the extent that harmonious interpretation with other provisions of the Administration Act or other relevant statutes is possible.

B) Determination

In full view of the following circumstances that can be seen by comprehensively taking account of the relevant Acts and subordinate statutes and the facts acknowledged as seen earlier, Gap evidence Nos. 1 through 40, and the overall purport of the arguments on video images, the instant disposition widely recognizes the scope of obscenity rather than the case of a prisoner’s application for the issuance of magazines (Article 47 of the Act on the Execution of Punishment, etc.) with the same content as the case of a prisoner’s application for the issuance of magazines (Article 27 of the Act on the Execution of Punishment, etc.). In comparison with the public interest such as the maintenance of order in prison, the Plaintiff’s fundamental right (the right to know, etc. guaranteed by the freedom of speech and publication) is excessively restricted and constitutes an illegal disposition that deviates

① The Defendant rejected the Plaintiff’s application for issuance on the ground that “the instant magazines contains any obscene content inappropriate for correction and edification of prisoners.” However, as seen in the following (2), if the Plaintiff applied for the instant magazines (Article 47 of the Punishment and Execution Act), it cannot be denied the Plaintiff’s application on the ground that the instant magazines were the foregoing. Therefore, the instant disposition is contrary to the principle of proportionality.

1. In other words, Article 47 of the Punishment and Execution Act provides that a prisoner may apply for the subscription of newspapers, magazines, or books at his/her own expense (Paragraph 1), and that the warden shall permit the subscription except where a prisoner is a harmful publication under the Publication Industry Promotion Act (Paragraph 2), and that the scope and quantity of newspapers, magazines, or books, which a prisoner may apply for subscription, shall be determined by the Ordinance of the Ministry of Justice (Paragraph 3). Article 35 of the Enforcement Rule of the Punishment and Execution Act provides that the scope of newspapers, magazines, or books, which a prisoner may apply for subscription, does not deviate from the scope of custody and the scope of possession of a prisoner, shall not exceed 3 per month, and that the scope of newspapers, magazines, or books (c) may not exceed 10 per month from the scope of custody of a correctional institution and the scope of possession of a prisoner, and that the scope and scope of delegation of a new publication, such as magazines, may be excluded from the scope and scope of delegation of a new publication, etc., by the Ordinance of the Ministry of Justice.

Therefore, the prison warden may not refuse the application for writing of a magazine for the purpose of obscenity based on the content of Article 22 of the Enforcement Rule of the Publication Industry Promotion Act for magazines that do not correspond to harmful publications.

(3) Of course, the application for issuance of money and valuables from prisoners (which is the end leading up to money and goods, and which is the magazine of this case) may be rejected in accordance with Articles 26, 27, and 92 of the Punishment Execution Act. As such, the application for delivery of a newspaper, magazine, or book may vary depending on the same kind of provision, and the case where permission is granted upon the application for subscription under Article 47 of the Punishment Execution Act. However, the case where a decision to grant grant permission may vary as above may be, however, the case where “the newspaper, magazine, or book may be used as a tool for bringing in prohibited goods, such as narcotics, etc.” is limited to the case where the application for issuance is rejected in accordance with Articles 26, 27, and 92 of the Punishment Execution Act, and the case where the application for issuance of a newspaper, magazine, or book is made based on the balance between Article 47 of the Punishment Execution Act and Article 47 of the Punishment Execution Act.

④ Article 47 of the Criminal Procedure Act expands the scope of permission for the application for the subscription of newspapers, magazines, or books to other articles. This is because the right to access newspapers, magazines, or books is subject to the right to know guaranteed by the freedom of press and publication as provided by Article 21(1) of the Constitution, and such freedom is not limited to a mere passive right of defense, but also has the character of an objective value order realizing democracy, and thus, constitutes the right to be guaranteed to the maximum extent. Such purport should also be taken into account in the interpretation of other provisions, such as Articles 26, 27, and 92 of the Criminal Procedure Act.

⑤ On the other hand, the defendant asserts that since a magazine with a strong selection and obscenity constitutes “when it is likely to harm the edification of sentenced persons or their sound rehabilitation into society” or “when it is likely to harm the safety or order of facilities,” the prison warden should be able to regulate it in accordance with Article 27 of the Publication Industry Promotion Act. However, since the selection of magazines and obscenity, etc. are a flexible concept that relatively changes depending on the culture and ethics of the times, its criteria are ambiguous, and there is a lot of room for subjective opinions to intervene in the prison or the same prison, the issue of whether to grant permission is determined by different methods for each of the examiners, the regulation standard should be strictly interpreted. According to the above facts recognized, it is difficult to readily conclude that the content of the magazine in this case does not reach a sound understanding of the content of the newspaper in this case and Article 13 [Attachment 1] of the Enforcement Decree of the Publishing Industry Promotion Act, the defendant’s assertion that the content of the magazine in this case does not clearly harm the sound character of the society.

3) Sub-determination

Therefore, the instant disposition is an illegal disposition that is rendered by deviating from or abusing discretionary power, and must be subject to the disposition.

3. Conclusion

If so, the part of the plaintiff's claim against the non-permission of the issuance of the magazine as of April 18, 2017 is justified. The judgment of the court of first instance is justified, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

(Presiding Judge)

Freeboard Kim

x. Jark Sick Number

Site of separate sheet

Relevant statutes

- Administration and Treatment of Correctional Institution Inmates Act

Article 4 (Respect for Human Rights) In the enforcement of this Act, prisoners' human rights shall be respected to the utmost extent.

Article 24 (Purchase of Goods at One's Own Expense)

(1) Prisoners shall obtain permission of the warden and food, clothing, bedclothes and other goods necessary for living under confinement at their own expense.

purchase may be made.

(2) Matters necessary for the scope of permission to purchase goods at their own expense shall be prescribed by Ordinance of the Ministry of Justice.

Article 26 (Possession of Goods by Prisoners, etc.)

(1) Prisoners may possess correspondence, books and other goods necessary for living under confinement within the scope determined by the Minister of Justice.

section 1.

Article 27 (Delivery of Money and Valuables to Prisoners)

(1) Where any person other than a prisoner requests the delivery of money and valuables to a prisoner, a warden shall fall under any of the following subparagraphs:

shall be permitted unless there is a reason to do so.

1. Where it is likely to do harm to edification of convicted prisoners or their sound rehabilitation into society;

2. If correspondence is likely to undermine the safety or order of facilities.

Article 47 (Subscription to Newspapers, etc.)

(1) Prisoners may apply for the subscription to newspapers, magazines or books (hereinafter referred to as " newspapers, etc.") at their own expense.

except for the subscription shall be permitted.

(3) The scope and quantity of newspapers, etc. for which subscription may be applied pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.

Article 92 (Prohibited Goods) Prisoners shall not possess any of the following goods:

1. Narcotics, firearms, swords, explosives, lethal weapons, toxic chemicals, and other goods which are likely to be used as criminal tools;

2. Alcoholic beverages, tobacco, firearms, cash, checks, and other goods which are likely to undermine the safety or order of facilities;

3. obscenity, goods used for speculative acts, and other goods likely to damage convicted prisoners' edification or sound rehabilitation into society.

the goods.

4. Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act

Article 17 (Restrictions on Permission for Purchase and Application)

(1) Where prisoners apply for the purchase of goods purchased at their own expense, any warden shall observe the correction result or comply with Article 74.

The limit of use of the amount of custody determined in consideration of the minimum security and treatment level, the scope of custody of the correctional institution and the scope of prisoners;

shall be permitted.

(2) A warden or inmate of an infectious disease (referring to an infectious disease under the Infectious Disease Control and Prevention Act).

Where the use of self-purchased goods is suspended due to the execution of disciplinary action, etc., an application for purchase may be restricted.

Article 22 (Permission for Subsidized Goods)

(3) Where a person other than a prisoner requests the delivery of goods other than food to a prisoner, the relevant warden shall be as follows:

Unless it falls under any of the subparagraphs, the scope of custody of correctional institutions and prisoners;

shall be permitted above.

1. Goods difficult to conduct an internal inspection at the expense of the chief prosecutor or the ordinary chief prosecutor;

2. Goods containing obscenity or finite pattern;

3. Goods which might promote a speculative spirit or be detrimental to psychological stability.

4. Goods containing metal, strings, ropes, bamboo, etc. which can be used for escape, self-injury, self-injury, etc.;

5. Goods with a high price likely to create a sense of value;

6. Other correction of convicted prisoners or their sound rehabilitation into society, or safety or order of a correctional institution.

Goods likely to be damaged;

Article 35 (Quantity of Request for Reading)

Newspapers, magazines or books (hereafter referred to as " newspapers, etc." in this Section) for which prisoners may apply for subscription pursuant to Article 47 of the Act shall not exceed three categories per month in cases of newspapers, magazines or books within the scope not exceeding the scope of custody of correctional institutions and the scope of prisoners' possession, and shall not exceed ten books (including magazines) per month in cases of books: Provided, That where deemed particularly necessary for prisoners' knowledge cultivation and acquisition of culture, a warden may increase the number of applications for newspapers, etc.

Article 36 (Revocation, etc. of Reading Permission)

(1) Where a prisoner who is reading a newspaper, etc. falls under any of the following cases, the relevant warden shall permit him/her to do so:

(2) may be revoked.

1. Where they exchange newspapers, etc. with other living rooms without permission;

2. Where he/she violates other matters to be observed in relation to examinations, etc. prescribed by the Minister of Justice.

(2) A warden may recover and convert or discard books the owner of which is unclear to the keeping book.

4. Guidelines for management of money and valuables kept in custody

Article 25 (Standards, etc. for Permission for Possession and Custody of Goods Kept in Custody)

(1) The standards for permission to possess goods that prisoners may store and use in a ward (excluding goods paid at government level) shall be determined.

The criteria for permission for possession and storage of custody of one prisoner in attached Table 3 shall be as follows: Provided, That the head of a kindergarten shall not interfere with patients, senior citizens, or pregnant women.

Notwithstanding the provisions of attached Table 3, where it is deemed especially necessary for treatment, a person or any other person who needs to be brought in.

Items and quantities may be permitted.

(2) Islands, etc. except clothing, etc. to be used for release, which exceed the standards for permission to possess under paragraph (1).

Goods in custody shall be notified to a prisoner so that his/her family members, etc. may be found within one month, and where the prisoner files an application.

Measures shall be taken to ensure that an interview is received or a mobile phone text message is returned.

(3) The procedures for disposal of non-permission personal effects of prisoners under Article 25 of the Act shall apply mutatis mutandis to the disposal thereof pursuant to Articles 32 and 33.

(i).

(4) The total amount of goods kept in custody that prisoners may keep in custody in a warehouse of goods kept in custody shall not exceed the quantity of the goods kept in custody in accordance with attached Table 4.

(2) in the form of a document, in the form of a document, in the form of a document, in the form of a document, in the form of a document, in the form of

Those recognized by the head shall not be included in the total amount of custody of the goods kept in custody.

(5) Where there is no family member, etc. to send excess valuables kept in custody to prisoners, notwithstanding paragraph (4), such excess valuables.

Custody may be made, and it may be sold or donated with the consent of prisoners.

(6) Criteria for permission to possess and keep goods kept in custody to prevent any person other than prisoners from difficulties in filing an application for delivery of goods kept in custody.

B shall be posted on the civil service center and its website.

(7) Items permitted to possess goods kept in custody, which restrict goods brought into Korea to prevent a correctional accident, and shall be limited to purchased goods.

Goods to be used shall be as specified in attached Table 3-2: Provided, That in accordance with the procedures prescribed in attached Table 10, permission for bringing in outside goods (attached Form) shall be granted.

Where an application for a list of persons permitted to bring in outside goods (attached Form 23) or a list of persons permitted to bring in outside goods is permitted, this shall not apply.

(2).

[Attachment Table 3] (Related to Articles 25 (1) and 25 (4))

Criteria for permission to possess and keep custody of one prisoner.

1. Criteria for permission for possession (26 items);

A person shall be appointed.

In the case

shall not exceed

Materials as material

* The color of the department, color, such as classical and yellow, or its color as soon as it is likely to undermine the psychological stability or to make a sense of sensibility among the prisoners.

and the combination of its colors shall not be permitted to deliver goods.

Article 22(3)1 to 22(3)1 of the Enforcement Rule of the Administration and Treatment of Correctional Institution Inmates Act relating to materials, forms, etc.*

Goods falling under subparagraph 6 shall not be issued.

[Attachment 3-2] (Related to Article 25 (7)]

Kind of goods restricted from being brought in (25 items)

Economic burden, such as the creation of a peaceful accommodation environment through the resolution of arbitrization, establishment of the order of acceptance, and the family of prisoners.

In order to prevent correctional accidents, such as mitigation, prevention of suicide, impossibility of security inspection, prevention of inbound entry of illegal goods, etc., the following goods:

for purchase goods only (not permitted to bring in outside goods)

A person shall be appointed.

Articles kept in custody

No custody shall be made in a warehouse.

/ Publishing Industry Promotion Act

The definitions of terms used in this Act shall be as follows:

8. The term "harmful publications" means anti-states and anti-states, such as clearly harming the national safety, public order or human dignity.

A publication harmful to social and ethical contents, which is a harmful publication to Article 17, shall be governed by Article 19 (1) by the Publication Ethics Commission.

The term "deliberation" means deliberation and decision.

Article 16 (Establishment, etc. of Publication Industry Promotion Agency of Korea)

(1) The Publication Industry Promotion Agency of Korea (hereinafter referred to as the "Promotion Agency") shall be designated to efficiently support the promotion and development of the publishing industry.

c) There shall be established a section.

(2) The Promotion Institute shall be a corporation.

(3) The Agency shall be established by registering its establishment at the seat of its main office with authorization from the Minister of Culture, Sports and Tourism.

The provisions concerning a corporation shall apply mutatis mutandis.

Article 17 (Establishment, etc. of Publication Ethics Commission)

(1) Publications to the Agency in order to realize the ethical and social responsibility of publications and deliberate on the harmfulness of publications.

An Ethics Committee (hereinafter referred to as the "Committee") shall be established.

Article 19 (Deliberation on Harmfulness of Publications)

(1) Where a publication falls under any of the following subparagraphs as a result of deliberation on the harmfulness of the publication, the Commission shall issue harmful publications:

shall be determined by the court.

1. National security by completely denying a liberal democratic system or encouraging or instigates the activities to reinstate such system;

(b) Publication clearly harming the public order;

2. Publication clearly harming the sound sexual morality of society with nopoly descriptions of obscene contents;

3. Human beings by excessively describing or encouraging the anti-social or anti-human activities, such as murder, violence, war, narcotics, etc.

Clearly harming the dignity and sound social order

(2) The Commission shall cause publications as a result of deliberation under paragraph (1) to fall under any subparagraph of Article 9 (1) of the Juvenile Protection Act.

If a publication is determined as harmful to juveniles, it shall be determined as such, and shall be notified without delay to the Ministry of Gender Equality and Family.

(3) If the Chairperson of the Committee determines a publication as a harmful publication upon deliberation by the Committee, he/she shall, without delay, such determination.

Notice shall be made to the proprietor, importer or customs collector of water: Provided, That this shall not apply to the Minister of Culture, Sports and Tourism.

Where it is impossible to notify the importer of the decision of harmful publications due to unknown address, etc., the member;

A notice shall be posted on the website of the Council.

(4) Matters necessary for detailed criteria for deliberation on the harmfulness of publications shall be prescribed by Presidential Decree.

Article 25 (Collection, Abolition, etc. of Illegally Reproduced Publications)

(1) The Minister of Culture, Sports and Tourism, Mayors/Do Governors, and the heads of Sis/Guns/Gus shall assign relevant public officials (hereinafter referred to as "related public officials").

When any of the following publications (hereinafter referred to as "illegal reproduced publications, etc.") has been found:

against a person who has distributed illegally reproduced publications, etc., the relevant illegally reproduced publications, etc. shall be immediately removed or discarded.

order for collection or destruction. In such cases, the person ordered to collect or discard shall not immediately comply with the order.

If a relevant public official has received or discarded illegally reproduced publications, etc., he/she may have the relevant public official collect or discard them.

2. Harmful publications.

/ Enforcement Decree of the Publishing Industry Promotion Act

Article 13 (Detailed Criteria for Deliberation on Harmfulness) Detailed Criteria for Deliberation on Harmfulness of Publications under Article 19 (4) of the Act shall be as specified in attached Table 1.

[Attachment 1]

Detailed criteria for deliberation on harmfulness of publications (related to Article 13)

2. Publication clearly harming the sound sexual morality of society with nopoly descriptions of obscene contents;

(a) Embrymmetricly exposing sexual organ or conspiracy, or describing sexually sexually sexually or sexually offensively;

that significantly causes a normal person’s sexual humiliation;

다. 수간(獸姦), 시간(屍姦), 혼음(混淫), 가학성(加虐性) · 피학성(被虐性) 음란증 등 각종 변태적 행위

와 근친상간(近親相姦) 등을 흥미 위주로 극히 음란하게 묘사하여 인간의 존엄성과 성윤리를 현제

- which is distort

다. 강간(强姦), 윤간(輪姦) 등의 성범죄를 극히 음란하게 묘사하여 선량한 성적 도의관념에 어긋나는 것

Juvenile Protection Act

Article 9 (Criteria for Deliberation of Media Materials Harmful to Juveniles)

(1) In conducting deliberation under Article 7, the Commission on Youth Protection and an examining authority shall meet any of the following requirements for the relevant media product:

(b) In cases falling under paragraph (1), determination shall be made as media products harmful to juveniles.

1. Apparent or obscene materials which may stimulate sexual desire of juveniles;

2. Materials which may cause violence and brutality of juveniles or urge them to commit a crime;

3. Materials which may stimulate or beautify violent acts in various forms, including sexual assault, and the abuse of drugs;

4. Game products that are likely to seriously harm the sound life of juveniles, such as encouraging gambling and speculative spirit;

5. If a media product is anti-social or inefficient to hinder juveniles' formation of good character and citizen consciousness;

6. Other media products that are obviously likely to harm the mental and physical health of juveniles.

(2) The criteria under paragraph (1) shall be applied in accordance with the generally accepted norms of society, and each media product shall have such norms.

The cultural, artistic, educational, medical, and scientific aspects and the characteristics of the media product shall be taken into consideration.

(3) Specific criteria for deliberation on whether juveniles are harmful to juveniles and matters necessary for the application thereof shall be prescribed by Presidential Decree.

심급 사건

-대구지방법원 2018.1.16.선고 2017구합1546

대구고등법원 2018.5.18.선고 2018누2293

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