SOUTH KOREA Law and Practice Contributed by: Hyun Ho Eun, Jung-Chull Lee and Dukjoong Na, Kim & Chang
6.5 Technical Measures There are technical measures for unlawful gambling, including IP (internet protocol) blocking. The KCC and the GRAC are known to block access to non-Korean websites that enable unlawful gambling. As mentioned in 3.5 Key Offences , unlawful gambling is subject to criminal punishment. 7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements Under the GIPA, gaming business operators, with limited exceptions, are required to take measures to prevent game addiction. These addiction prevention measures, however, do not apply to mobile or tablet games, and are only applied to computer and console games. Such preventative measures include: • verification of real name and age at the time of creating an account and identification; • securing consent from legal guardians, including parents, when minors create accounts; • restrictions on the method of using gaming prod- ucts and the time of using gaming products upon a request from minors or their legal guardians; • notification to minors and their legal guardians of basic matters, including the characteristics, rating and payment policy of game products, and details of their use of gaming products, such as the dura- tion of use and payment information; • posting warnings to prevent excessive use of gam- ing products; and • indicating on the game screen the time a user has spent playing a game. Gaming business operators are also required to set limits for responsible gambling, including monthly payment limits, to receive age ratings. In addition, despite the absence of a clear legal basis, the GRAC imposes a monthly spending limit of KRW70,000 for minors on online PC games. Spe- cifically, during the rating classification process, the
For a casino business licence, the casino must be a part of an ancillary facility to a tourist hotel or inter- national conference facility, or a passenger ship of a certain size that travels between South Korea and for- eign countries. According to the Ordinance on Man- agement and Supervision of Casino Business in Jeju, casinos in Jeju Island must be at a five-star hotel busi- ness facility located in an area where foreign invest- ments are made. Video Game Arcades Any business that provides gaming products for pub- lic use (including minors) with necessary facilities at a certain physical location is required to register for a licence as a minor-game-providing business. Businesses With Speculative Activities Any business that makes speculative activities avail- able to users needs to meet certain facility require- ments – eg, the inside of the facility is not visible from the outside – and receive permission for business operation from the province or city police department. As mentioned in 2.1 Online Gambling , in principle, speculative online gambling is prohibited. Therefore, on the premise that the online gambling is not specu- lative, game manufacturer/publisher registration and value-added telecommunications business report licences can be considered B2C licences. 6.2 B2B Licences (Suppliers, Software, Etc) Game manufacturer and publisher registration licenc- es can be considered B2B licences. A game publisher licence is required to distribute any gaming content manufactured overseas within South Korea. 6.3 Affiliates There is no specific regulation regarding affiliates. 6.4 White Labels There are no specific licensing or regulatory require- ments regarding the use of white-label providers. 6. Online Gambling 6.1 B2C Licences
453 CHAMBERS.COM
Powered by FlippingBook