Online shopping mall founder
Restricted items for sale
Types of restricted items for sale
- The following list provides representative items that are prohibited or required to fulfill statutory requirements for sales through the Internet.
· Only a person who has been designated as a tobacco retailer by the head of a Si/Gun/Gu is allowed to sell tobacco, although even such a designated retailer is not permitted to sell tobacco through online shopping malls (Article 12(2)·(4) of the Tobacco Business Act).
· Only a retailer of narcotics (pharmacy founder pursuant to the Pharmaceutical Affairs Act) is allowed to sell any narcotic or psychotropic drug, although even such a retailer of narcotics is not permitted to sell them through online shopping malls (Article 28(1)·(3) of the Narcotics Control Act).
· Retailers other than pharmacy founders (including pharmacists or herbal pharmacists working for a pharmacy) are restricted from selling medical substances, and even pharmacy founders are not permitted to sell such substances through online shopping malls (Article 44 and Article 50(1) of the Pharmaceutical Affairs Act).
· Guns, swords, explosives, gas sprayers, electroshockweapons, or crossbows are not allowed forsale or lease in online shopping malls or for advertising for the purpose ofsale and lease thereof (the main text of Article 8 of the Act on theSafety Management of Guns, Swords, Explosives, Etc.).
· An online shopping mall operator shall not sell products that highly resemble a gun through online shopping malls except for the purpose of export (Article 11(1) of the Act on the Safety Management of Guns, Swords, Explosives, etc.).
· Any product subject to safety certification without the safety certification mark shall not be sold through online shopping malls (Article 10(1) of the Electrical Appliances and Consumer Products Safety Control Act).
· Obscene documents, drawings, pictures, films, or other things shall not be sold, and obscene contents in the form of codes, words, sounds, images, or motion pictures shall not be sold through information and communications network (Article 243 of the Criminal Act and Subparagraph 1 of Article 44-7(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.).
· A person shall not engage in the sales of goods that infringe upon trademarks or copyrights through online shopping malls (Article 108(1) of the Trademark Act and Article 136(1) of the Copyright Act).
· Any person who intends to engage in selling toxic chemicals, chemicals requiring permission, restricted or prohibited chemicals, substances requiring preparation for accidents, or other chemicals which present or are likely to present a hazard or risk shall obtain permission to sell them as a toxic chemical retailer (Subparagraph 7 of Article 2, Subparagraph 2 of Article 27, and Article 28(2) of the Chemical Control Act).
· A person who intends to sell health functional foods shall file a report after becoming equipped with certain facilities necessary for sale so as to sell such products through online shopping malls (Article 6(2) of the Health Functional Foods Act).
· A person who intends to engage in the business of distributing medical devices shall file a notification of his/her distribution business so as to become eligible to sell such products through online shopping malls (Article 17(1) of the Medical Devices Act).
· The products, drugs, and articles that are harmful to juveniles (referring to persons under the age of 19) shall not be sold through online shopping malls (Article 16(1) and Article 28(1) of the Youth Protection Act).
· In order to sell alcoholic beverages by mail order (restaurant deliveries of alcoholic beverages along with foods ordered by telephone or deliveries conducted by retailers for alcoholic beverages used for seasoning that are ordered by telephone are not deemed as mail order of alcoholic beverages), he/she shall obtain approval by the head of a competent tax office as a licensee that manufactures alcoholic beverages (Article 3(1) of the Notice of delegation order on the mail order of alcoholic beverages).