SOUTH KOREA Law and Practice Contributed by: Hyun Ho Eun, Jung-Chull Lee and Dukjoong Na, Kim & Chang
also be required. In addition, there are disqualification criteria for corporations and executives, and if any of such disqualification criteria applies, a casino busi- ness licence application will likely be rejected. For gaming licence, as mentioned in 4.4 Availabil- ity of Licences , it is often recommended for over- seas gaming business operators to establish a local entity (or a local subsidiary) because, in practice, it is practically impossible for foreign operators to obtain certain licences. For game developer registration, documents, such as a list of production facilities and equipment, are required. For game distributor registra- tion, documents such as a business plan are needed. For registration as a value-added telecommunication service provider, there are no special requirements and, in principle, the documents and procedures are not particularly complicated. However, in practice, for foreign businesses, more documents are required and the review process generally takes longer. Similarly, the application process for online retailer report licence is generally not complicated. 4.7 Application Timing The processing period for a casino business licence is typically 60 days. The processing period for game manufacturer or publisher registration licences and online retailer report is three days, and for a value- added telecommunications business report licence, as part of the rule, the processing period is within three hours on a business day. However, it should be noted that the aforementioned processing period is based on the assumption that all required documents for an applicable licence or reporting have been thoroughly prepared, and prior consultations with the relevant authorities have been completed. From the practical perspective, the pro- cessing period may take longer than the aforemen-
There is no application fee for a value-added tele- communications business report licence or an online retailer report licence. 4.9 Ongoing Annual Fees The registration licence tax varies by local govern- ment: approximately KRW12,000 to KRW40,500 for a game manufacturer or publisher licence, and for an online retailer report licence; and about KRW9,000 to KRW67,500 for a value-added telecommunications business report licence (depending also on the num- ber of employees). 4.10 Personal Licensing The regulations discussed in this chapter of the guide generally apply to all individuals and entities involved in the gaming industry. While individuals may directly be involved in certain regulated activities, such as self- publishing a game, they are required to comply with applicable gaming regulations. No additional personal authorisations or licences are required for individuals in their personal capacities, even if they are the direc- tors, owners, senior officers or shareholders of the entities that publish game products in South Korea. 5. Land-Based Gambling 5.1 Premises Licensing Internet Cafés – Venues That Provide Internet Computer Games Internet cafés – defined as businesses that make gaming products available to the general public with necessary infrastructure, such as computers – are required to register for a licence as a provider of inter- net computer game facilities. Casinos Land-based casinos not located in Jeju Island are subject to the Tourism Promotion Act and the Casino Business Rules of the MCST. However, more than half of the casinos in South Korea are currently located in Jeju Island and a separate Ordinance on Management and Supervision of Casino Business in Jeju applies. These rules and regulations are much stricter than the rules and regulations for non-Jeju casinos.
tioned processing period. 4.8 Application Fees
The application fee for a game manufacturer or pub- lisher registration licence varies depending on the local government, but the application fee is approxi- mately KRW20,000 to KRW30,000 per application.
452 CHAMBERS.COM
Powered by FlippingBook