Full-body illegal, half-body legal → import dispute → possible for therapeutic use (first trial) → not a violation of human dignity (second trial) → only minor-appearing products regulated (Supreme Court).
A six-year legal battle over sex dolls has finally ended with a victory for the importer. Sex dolls, made of silicone or latex to resemble the human body, are mainly distributed as adult products. While full-body products had been blocked and half-body products allowed—fueling controversy over inconsistent standards—recent court rulings have accumulated and shifted the stance toward permitting customs clearance.
◇ Supreme Court: "Customs lacks grounds that sex dolls harm public morals"
On the 4th, according to legal sources, the Supreme Court's First Division (Presiding Justice Shin Suk-hee) affirmed a lower court ruling in favor of plaintiff A, a healthcare product importer, in a lawsuit to annul the suspension of import clearance imposed by the head of Gimpo Airport Customs.
The case dates back to 2020. Company A sought to import three sex dolls, but customs suspended clearance, calling them "items that harm public morals." The action was based on the judgment of the Adult Product Clearance Review Committee. A filed an objection with the Korea Customs Service, but it was rejected, leading to the lawsuit.
The issue was whether sex dolls fall under "items that harm public morals" under the Customs Act. From the first trial through the third, the courts offered grounds that sex dolls are not items that harm public morals from various angles.
The Seoul Administrative Court (first trial) ruled in March 2021 to cancel the suspension of import clearance. The first trial court said the determination of obscenity must consider the context of use and found that sex dolls cannot immediately be deemed obscene materials. It also cited their potential use in counseling and treatment for people with specific sexual issues as a basis for its decision.
The appeals court likewise dismissed customs' appeal. The court found that while the dolls give an overall vulgar impression, it is difficult to conclude they seriously undermine human dignity and value.
The Supreme Court went further, noting that while it cannot be categorically stated there is no risk to public morals if sex dolls are used in public, customs failed to sufficiently present concrete grounds to prove such risk. The conclusion is that there is a lack of clear legal basis to block clearance.
◇ Full-body blocked, half-body allowed: Dispute over conflicting standards
This is not the first controversy over sex dolls. In the past, customs applied inconsistent standards, blocking full-body sex dolls from clearance while allowing half-body dolls that reproduce only the lower body.
These discriminatory standards sparked fairness concerns in the industry and legal circles. Critics said it is unreasonable that clearance depends on form even though they are the same adult products. Some civic and religious groups, meanwhile, opposed imports altogether on the grounds that they "commodify sex."
Legal judgments have gradually tilted toward allowing imports. In 2019, the Supreme Court also found customs' clearance restrictions improper in a similar case. Subsequent related lawsuits accumulated court precedents.
Crucially, in Dec. 2022, the Korea Customs Service established "import clearance guidelines for sex dolls," streamlining standards. Clearance is allowed if the dolls have an adult appearance, do not evoke minors, and have no separate safety issues. The views of the Office for Government Policy Coordination and the Ministry of Gender Equality and Family were also reflected.
At the time, customs lost 19 of 48 lawsuits filed by sex doll importers, and in 18 cases the courts recommended settlements in line with those losses.
Effectively, the standards have been set to restrict only products with a minor appearance. Major countries including the United States, the United Kingdom, and Australia also strictly ban or restrict products modeled after children.
Importing sex dolls is now reportedly proceeding relatively smoothly. An industry official said there are no special constraints in the import process now and added that domestic consumers prefer an adult appearance, so the industry mainly handles such products.