As an adult-broadcast studio in Cheongdam-dong, Gangnam-gu, Seoul, received an authoritative interpretation from the Ministry of Gender Equality and Family that it constitutes a harmful business to youth, the Gangnam District Office has begun sanction procedures against the company. The studio is about 100 meters from a nearby elementary school, and residents had long filed complaints. But because it was registered as a "studio rental business," there were limits to imposing direct sanctions.

BJs smoke in front of the Excel Broadcasting studio near an elementary school in Gangnam. /Courtesy of Chosun DB

According to the Gangnam District Office on the 8th, the office confirmed late last month that the company operated its facility contrary to the use listed on the building ledger and issued a corrective order for violating the Building Act. The company has been given a one-month period to submit its opinion.

Based on the authoritative interpretation by the Ministry of Gender Equality and Family, the district office also guided the company in early this month to post a sign indicating it is a harmful business to youth. Under the Youth Protection Act, if the business falls under a venue that prohibits the entry and employment of youth, it must post a sign reading "No entry or employment for youth under 19."

Separately, the Gangnam District Office is checking whether the company is operating in compliance with relevant laws, including the Act on the Protection of Educational Environment and the Popular Culture and Arts Industry Development Act. Depending on the review, it plans to take additional administrative measures.

The Excel Broadcasting studio near an elementary school in Gangnam. /Courtesy of Reporter Kang Jeong-a

The studio is known as a place where internet broadcast hosts, so-called BJs, appear to film "excel broadcasts." Excel broadcasts are internet shows in which performers compete for rankings based on the size of viewer donations. Because provocative dances or poses sometimes occur in the process, some refer to it as a "cyber room salon."

Residents have argued that because the studio is near an elementary school and broadcast performers smoke on the main road after filming, it causes secondhand smoke harm and negatively affects children's educational environment. Reflecting residents' complaints, the Gangnam District Public Health Center designated the street in front of the studio as a no-smoking area last month and installed stickers guiding the smoking ban and the imposition of fines for violations.

The Gangnam District Public Health Center designates the street in front of the studio as a no-smoking zone after controversy in May over Excel Broadcasting being filmed about 100 meters from a nearby elementary school; a no-smoking sign is posted on the 5th. /Courtesy of Reporter Kang Jeong-a

There had been criticism that it was difficult to deem the business a harmful venue to youth because it was registered as a "studio rental business." However, when the Ministry of Gender Equality and Family interpreted in early last month that the business does fall under a harmful venue to youth, grounds for administrative action were established. Under current law, businesses subject to a notice designating them as prohibiting youth entry and employment cannot operate within protected educational zones.

However, it is not easy for the district office to immediately impose strong sanctions such as a business suspension based on the authoritative interpretation alone. As the company may challenge the disposition through an administrative lawsuit, the office is first checking and taking action on items that violate individual statutes, such as whether there was a violation of the Building Act.

An official at the Gangnam District Office said, "We cannot immediately impose a business suspension solely on the basis that we received an authoritative interpretation designating it as a harmful business to youth," and added, "We will have multiple related departments review whether it falls under prohibited acts or facilities under the Act on the Protection of Educational Environment and proceed with procedures to avoid legal disputes."

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