--- title: "SPECIAL: Attorney Shin Yul's Legal Stories 02" description: "Can Korean hotels legally refuse minors without guardians? Same-gender groups usually check in freely, but the law's more nuanced. Attorney Shin Yul unpacks contract capacity, parental consent, and liability traps." published: 2019-08-27T00:00:00+00:00 author: "ONDA 편집팀" category: "Insights" image: "https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a9e129eab0a82eb855536a_62e7677a43e47b280e768336_5e9428f765892b401b18a2f4_andrew-neel-b4rej09-puo-unsplash.jpeg" canonical: https://global.onda.me/en/blog?slug=special-sinyul-byeonhosayi-sosohan-beobryul-iyagi-02 locale: en --- # SPECIAL: Attorney Shin Yul's Legal Stories 02 ## 02. Rules for Minors Checking Into Accommodation ### Writer: Attorney Shin Yul ### Editor: ONDA Manager Somora ![](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a8b257c72a2bb75fae9d3a_62e7677a43e47b730d768337_5e9428f673fd9d0d3e89834c_e18489e185b3e1848fe185b3e18485e185b5e186abe18489e185a3e186ba-2019-09-06-e1848be185a9e18492e185ae-5.23.03.png) ![](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a8b257c72a2bb75fae9d34_62e7677a43e47b82f9768338_5e9428f7b499e55996df2f23_e18489e185b3e1848fe185b3e18485e185b5e186abe18489e185a3e186ba-2019-09-06-e1848be185a9e18492e185ae-5.23.21.png) #### Shin Yul Law Office Shin Yul Law Office specializes in hospitality and sharing economy legal services, primarily serving the Gyeonggi and Incheon regions. Through this column series, I'll cover legal issues—big and small—that hospitality operators face when starting and running their businesses, drawing on real questions I've received from clients. #### Contact **Blog:** [https://blog.naver.com/iwillsue](https://blog.naver.com/iwillsue) **Phone:** tel. 032-294-0056, fax. 032-294-5301 **Address:** 401, Dohyeong Building, 37beon-gil 16, Haegik-so-ro, Michuhol-gu, Incheon (Haegik-dong) ![](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a9e129eab0a82eb855536a_62e7677a43e47b280e768336_5e9428f765892b401b18a2f4_andrew-neel-b4rej09-puo-unsplash.jpeg) Photo by Andrew Neel on Unsplash Hello, I'm Attorney Shin Yul. Hope you all made it through the heat wave okay? It's already September—middle and high school summer breaks wrapped up recently. If you run guesthouses or pensions near tourist or resort areas, you've probably seen groups of same-gender middle or high schoolers checking in during vacation season. ### **What if a minor wants to stay at your property?** Common knowledge says minors can stay together if they're the **same gender**, but **opposite-gender co-stays are prohibited**. Most operators don't question same-gender groups of minors and check them in without much concern. But there are several legal criteria around minor check-ins. You could unknowingly break the law—or end up in a dispute. So in this September issue of Magazine ON, we'll look at **what legal principles apply when minors stay at accommodations**. ### **Can minors enter into lodging contracts alone?** When we pay for a room, we're entering a lodging contract—a legal act. Korean civil law addresses this: **Article 4 (Age of Majority):** A person reaches adulthood at age 19. **Article 5 (Capacity of Minors)** ① A minor must obtain consent from their legal guardian to perform legal acts. However, this does not apply to acts that solely confer rights or release obligations. ② Acts in violation of the preceding paragraph may be canceled. In other words, anyone under 19 must get parental consent for legal transactions. That doesn't mean minors can't book rooms at all. When teenagers travel together for a few days, they usually have their parents' (legal guardians') permission. That permission inherently includes consent to stay somewhere. Once the parents allow the trip, it's reasonable to interpret that they've also consented to the lodging contract. In this case, the contract is valid. That's why operators generally accept same-gender groups of minors without much pushback—assuming parental consent exists. Some hosts even take the extra step of calling the parents to confirm. ### **But what if the minor really didn't get permission?** This happens often, and it's a gray area. Strictly speaking, the minor or their parents could cancel the contract, and there's no legal protection for the host. The lodging business could be left entirely unprotected.**_1)_** But that interpretation might be overly formalistic. Imagine a high school student stressed from studying runs away for a weekend with their savings and a note to their parents. They stay at your property for two nights, clear their head, and go home safely. Most parents would scold them but also feel bad for not noticing their kid's struggles. But the world is big and people are diverse. Some parents might immediately ask where the kid stayed, call you up, and demand: "That contract was with a minor, so I'm canceling it—refund the room charge." They might even threaten legal action over a few tens of thousands of won. Legally, you'd be in a tough spot. I'll leave that scenario open-ended. ### **How should operators handle minor check-ins?** So how should you prepare for these curveballs? First, you can require written parental consent when minors inquire or check in. You can also call the parents to quickly verify consent. You're allowed to have a policy of not accepting minors traveling alone—though you can't ban minors outright. Conversely, accepting same-gender minors in good faith won't trigger legal penalties. **There's no official standard here. Accommodation operators have wide discretion.** You can set your own policy based on your property type, local context, and business philosophy. ### **What you absolutely must not allow: opposite-gender minors sharing a room** But there's one absolute rule: **no opposite-gender co-stays for minors.** The Youth Protection Act states: **Article 30 (Prohibition of Acts Harmful to Youth):** No person shall commit any of the following acts against youth: 8\. Engaging in business that corrupts public morals by allowing male and female youth to share lodging, or providing facilities for such purposes. **Article 58 (Penalties):** Any person who commits acts under Article 30, Paragraphs 7-9 shall be punished by imprisonment of up to 3 years or a fine of up to 30 million won. Even if parents consent, you can still be criminally prosecuted. Additionally, the Public Health Control Act imposes administrative penalties like business suspensions for properties that allow opposite-gender minor co-stays.**_2)_** In short: allowing this means facing both criminal charges and administrative sanctions. Once caught, you can't escape liability by claiming "I didn't know they were minors" or "They tricked me into thinking they were adults." The Supreme Court ruled: A person operating a motel must, when there is any appearance or circumstance suggesting that persons seeking opposite-gender co-lodging may be minors, verify their status through identification or other reliable means, and only permit co-lodging if they confirm the persons are not minors. In this case, the two individuals were high school seniors, and one looked particularly young. The operator should have verified their minor status through ID or other reliable means before allowing them to stay together. Therefore, if the operator permitted co-lodging without any verification, they should be deemed to have had at least willful blindness regarding opposite-gender minor co-lodging. Supreme Court Decision 2002Do4282, October 8, 2002 In effect, the court treats failure to verify as criminal intent—nearly equivalent to negligence. So if opposite-gender minors are found staying at your property, you must be able to prove you thoroughly verified their status and either couldn't have known they were minors or couldn't have known they were co-staying. **Bottom line:** Never allow opposite-gender minor co-stays. If you suspect minors (even if only one is a minor, it still counts), exercise extreme caution. Consider installing CCTV at the front desk to document that you had no way of knowing**_3)_**—it could serve as evidence in your defense. ### **Closing thoughts** Students need breaks. Traveling with friends is healthy. But because they're minors needing societal protection, some restrictions on travel and lodging are unavoidable. Accommodation operators need to be aware of these nuances and stay vigilant. If you're reading this, make sure you understand the rules around minor check-ins—and have safeguards in place to protect your property. See you in October. Thank you. **_1)_** Strictly speaking, minors must return "existing benefits" (Civil Act Article 141), but the burden of proof falls on the operator—and proving the value of intangible services is nearly impossible. **_2)_** Under the Public Health Control Act Enforcement Rules \[Appendix 7\], even a first violation can result in a 2-month business suspension. Three violations can lead to facility closure. **_3)_** There have been cases where one person books the room while another minor sneaks in through blind spots. **\[Series Index\]** [2019.08 Refund Standards for Booking Cancellations](https://onda.me/magazine/32/post/2473) **2019.09 Rules for Minors Checking Into Accommodation** 2019.10 Hidden Camera Crimes at Lodging Facilities 2019.11 What to Watch for in Accommodation Joint Venture Contracts 2019.12 Running Airbnb on Leased Property: Issues Upon Lease Termination ![201908_lawyer_AD_0729](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a8b2368c687e3a5890fe89_62e7676a2fdfe113f380bf03_5e8a8a67f99d7c56bf770f0c_201908_lawyer_ad_0729.jpeg) ## [View full magazine <<](http://bit.ly/magazineon33) ## [Subscribe to the magazine <<](http://bit.ly/magazinesub)