CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to the development of the national economy and the improvement of the quality of the cultural life of the people through the promotion of the game industry and the establishment of a healthy game culture of the people by creating a foundation for the game industry and providing for matters concerning the use of game products.
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008>
| 1. |
The term "game products" means video products produced so that one may play a game by making use of data processing technology, such as computer programs, or similar, or a mechanical device for making good use of leisure time, raising the effect of learning and physical exercise incidental thereto, or apparatus and devices produced for the main purpose of using such video products: Provided, That any of the following things shall be excluded: |
| (a) |
Speculative game products; |
| (c) |
Things determined and announced by the Minister of Culture, Sports and Tourism, as things in which game products and that which is not game products are mixed; |
1-2. The term "speculative game products" means the following game products which provide a profit or incur a loss in property as a result thereof:
| (a) |
Game products the contents of which are related to betting or allotment; |
| (b) |
Game products the outcome of which is determined by some fortuity; |
| (c) |
Horse racing regulated by the Korean Racing Association Act and game products which have been replicated therefrom; |
| (e) |
Casino games regulated by the Tourism Promotion Act and game products which has been replicated therefrom; |
| (f) |
Other game products prescribed by Presidential Decree. |
| 2. |
The term "information on the contents of game products" means information on whether the contents of such game products contain violence, lasciviousness or speculation, or information on the degrees thereof and other information on the operation of such game products; |
| 3. |
The term "game industry" means the industry related to the production, distribution, provision for use of game products or game wares (referring to tangible or intangible goods, services and compounds thereof creating economically added value by making use of game products; hereinafter the same shall apply), and services with respect thereto; |
| 4. |
The term "game producing business" means a business producing game products by planning or reproducing the same; |
| 5. |
The term "game distributing business" means a business supplying those who conduct a game providing business, or similar, with game products by importing game products (including importation of the original edition) or possessing or managing the copyright thereof; |
| 6. |
The term "game providing business" means a business providing game products so that the public may use such products: Provided, That any of the following cases shall be excluded: |
| (c) |
Where a person provides game products according to type, method or other, as prescribed by Presidential Decree, where he/she conducts business other than that provided in subparagraphs 4 through 8 and enables customers of the place of business concerned to utilize game products with the purpose of inducing customers, advertising or such; |
| (d) |
Businesses providing Internet computer game facilities pursuant to subparagraph 7; |
| (e) |
Where a person provides a game product which has received a classification rating denial pursuant to Article 22 (2), because the product falls under the category of speculative game products; |
6-2. Businesses providing game products and the necessary facilities at a fixed physical location among the game providing businesses referred to in subparagraph 6 shall be those contained in the following items:
| (a) |
Juvenile game providing business: Businesses providing game products among the game products rated pursuant to Article 21 for the use of the public by installing game products permitted for use by all; |
| (b) |
General game providing business: Businesses providing game products among the game products rated pursuant to Article 21 for the use of the public by installing game products not permitted for use by juveniles and game products permitted for use by all; |
| 7. |
The term "business providing Internet computer game facilities" means a business providing necessary apparatus and materials, such as computers or similar, which has public use game products or uses other information providing products incidentally; |
| 8. |
The term "combined distribution and game providing business" means a business conducting a game providing business, or a business providing Internet computer game facilities, in combination with another business under this Act or a business under other Acts at the same location; |
| 9. |
The term "game products related business operator" means a person who conducts a business referred to in subparagraphs 4 through 8: Provided, That a person who conducts a business referred to in subparagraph 6 (c) shall be deemed a game products related business operator limited to the application of Article 28; |
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| Article 3 (Formulation and Execution of Master Plan for Promotion of Game Industry) |
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| (1) |
The Minister of Culture, Sports and Tourism shall formulate and execute a master plan (hereinafter referred to as "master plan") for the promotion of the game industry in consultation with the head of the relevant central administrative agency. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
Matters referred to in the following subparagraphs shall be included in a master plan: |
| 1. |
Basic direction of the master plan; |
| 2. |
Improvements in the systems and laws related to the game industry; |
| 3. |
Vitalization of game culture and game-related creative activities; |
| 4. |
Basic foundation and balanced development of the game industry; |
| 5. |
International cooperation and expansion of the game industry to overseas markets; |
| 6. |
Guidance and regulation of game products illegally produced, distributed, or provided for use; |
| 7. |
Healthy development of the game industry and the protection of users; |
| 8. |
Other matters prescribed by Presidential Decree, which are necessary for the promotion of the game industry. |
| (3) |
Where the head of a local government intends to promote businesses falling under the provisions of paragraph (2) 3 through 5, he/she shall consult in advance with the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
CHAPTER II PROMOTION OF GAME INDUSTRY
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| Article 4 (Vitalization, etc. of Establishment of Businesses) |
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| (1) |
The Government may provide needed support to persons establishing a business or developing high quality game wares for the purpose of vitalizing the establishment of businesses related to the game industry, the development of high quality game wares, and the modernization of game products related facilities. |
| (2) |
The Government may support the activities of amateur producers of game products for non-profit purposes in order to vitalize the game industry. <Newly Inserted by Act No. 11139, Dec. 31, 2011> |
| (3) |
Matters necessary for procedures and methods for providing support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended by Act No. 11139, Dec. 31, 2011> |
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| Article 5 (Training of Professionals) |
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| (1) |
The Government shall formulate and execute a plan regarding the following matters for the training of professionals related to the game industry: |
| 1. |
Analysis of supply and demand of professionals regarding the game industry and the development of human resources; |
| 2. |
Strengthening cooperation with academia, industries and public institutions for the training of professionals related to the game industry. |
| (2) |
The Government may designate universities, research institutions and other specialized institutions as professional training institutions and subsidize, in whole or in part, the expenses incurred in education and training of professionals for the game industry, as prescribed by Presidential Decree. |
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| Article 6 (Promotion of Technical Development) |
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The Government may promote businesses referred to in the following subparagraphs for technical development and improvement in technical standards related to the game industry;
| 1. |
Research in trends and demand in the game industry; |
| 2. |
Research and development, evaluation and practical use of applied game technology; |
| 3. |
Transfer of game technology and exchange of information. |
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| Article 7 (Cooperative Development and Research) |
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| (1) |
The Government shall endeavor to construct a systematic foundation for the promotion of cooperative development and research through the common practical use of human resources, facilities, apparatus and materials, funds and information for the development and research of game products or game wares. |
| (2) |
The Government may subsidize, in whole or in part, the expenses incurred in cooperative development and research to those who promote cooperative development and research pursuant to paragraph (1). |
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| Article 8 (Promotion of Standardization) |
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| (1) |
The Government may recommend game products related business operators the standardization of matters prescribed by Presidential Decree, such as standards of game products, except matters prescribed by the Industrial Standardization Act. |
| (2) |
Where necessary for the promotion of a standardization project pursuant to paragraph (1), the Government may designate a specialized institution or an organization related to game products for the performance of the standardization project, and subsidize, in whole or in part, the standardization project expenses of the institution or organization concerned. |
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| Article 9 (Establishment of Distribution Order) |
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| (1) |
The Government shall endeavor to establish a healthy distribution order for game products and game wares. |
| (2) |
The Government shall formulate and promote policies for the improvement in quality of game products and game wares and the prevention of distribution of illegal reproductions and speculative game products. <Amended by Act No. 8247, Jan. 19, 2007> |
| (3) |
The head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may provide education to game products related business operators for the establishment of a healthy distribution order of game products and game wares, and the creation of a healthy game culture for up to three hours per annum, as prescribed by Presidential Decree. |
| (4) |
The head of a Si/Gun/Gu may designate model places of business where the business order and business environment game providing business are excellent, and support them for the establishment of a healthy game culture, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 10 (Assistance for International Cooperation and Overseas Expansion) |
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| (1) |
The Government may promote the activities referred to in the following subparagraphs for the purpose of the overseas expansion of game products and game wares: |
| 1. |
Opening of international game exhibitions in the Republic of Korea; |
| 2. |
Overseas marketing and public relations, and inducement of foreign investment; |
| 3. |
Provision of information on overseas expansion. |
| (2) |
The Government may subsidize, in whole or in part, the expenses of persons who promote activities referred to in the subparagraphs of paragraph (1). |
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| Article 11 (Investigation of Actual Conditions) |
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| (1) |
The Government shall make investigation into the actual conditions of the game industry for the formulation and execution of policies related to the game industry. <Amended by Act No. 8247, Jan. 19, 2007> |
| (2) |
Matters necessary for determining the objects, methods or such, of the investigation of actual conditions pursuant to the provision of paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 8247, Jan. 19, 2007> |
CHAPTER III PROMOTION OF GAME CULTURE
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| Article 12 (Formation of Game Culture Foundation) |
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| (1) |
The Government shall promote the activities referred to in the following subparagraphs for the formation of the foundation of a healthy game culture: <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
Development and execution of policies for the prevention of adverse effects of games, such as excessive immersion in games or the furtherance of speculation, violence, lasciviousness or such; |
| 2. |
Establishment and operation of game culture facilities for the public purpose, such as game culture experiential facilities, counseling or educational facilities or such; |
| 3. |
Support to organizations that conduct businesses or activities for the formation of a healthy game culture. |
| (2) |
In order to form the foundation for juvenile game culture, the Minister of Culture, Sports and Tourism may promote policies of support to game products related business operators who provide game products other than game products not-permitted for use by juveniles as referred to in Article 21 (2) 4. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (3) |
Matters necessary for the promotion of activities and support, or other, pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
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| Article 12-2 (Prevention of Excessive Immersion in Games) |
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| (1) |
For the prevention of excessive immersion in games or speculation, lasciviousness, violence, or such, of game products (hereinafter referred to as "excessive immersion in games or such"), the Government shall formulate and execute the policies referred to in the following subparagraphs: |
| 1. |
Formulation and execution of a master plan for the prevention and medical treatment of excessive immersion in games or such; |
| 2. |
Investigation of the actual conditions on excessive immersion in games or such, and the development of policies for alternatives; |
| 3. |
Execution of counseling, education and public relations for the prevention of excessive immersion in games or such; |
| 4. |
Support in training for professionals for the prevention of excessive immersion in games or such; |
| 5. |
Support to a specialized institution and organization for the prevention of excessive immersion in games or such; |
| 6. |
Other matters prescribed by Presidential Decree as policies necessary for the prevention of excessive immersion in games or such. |
| (2) |
In order to perform the matters provided for in paragraph (1), the Minister of Culture, Sports and Tourism may establish and support a specialized institution for the prevention of excessive immersion in games, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
Where necessary for the prevention of excessive immersion in games, the Minister of Culture, Sports and Tourism may request the cooperation of the relevant central administrative agency, local governments, related corporations and organizations, and game products related business operators, and the agencies, organizations, or such, which are requested to cooperate shall cooperate with such request unless any special ground exists otherwise. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) |
For the prevention of excessive immersion in games, game products related business operators shall cooperate in the formulation and execution of policies provided in paragraph (1). |
[This Article Newly Inserted by Act No. 8247, Jan. 19, 2007]
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| Article 12-3 (Preventative Measures on Excessive Immersion in and Addiction to Games, etc.) |
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| (1) |
For the prevention of excessive immersion in or addiction to games by users of game products, game products-related business operators [limited to those who provide service so that the public may use game products through the information and communications network (hereinafter referred to as "information and communications network") as defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.: hereinafter the same shall apply in this Article] shall take measures to prevent an excessive use of game products including the following (hereinafter referred to as "preventative measures"): |
| 1. |
Confirmation of real name and age of users of game products when they join as members and authentication of themselves; |
| 2. |
Securing the consent of legal representatives, such as persons with parental right when juveniles join as members; |
| 3. |
Restriction on method of using game products, time for using game products, etc. when juveniles themselves or their legal representatives request; |
| 4. |
Giving notice to juveniles themselves and their legal representatives concerning the basic matters, such as the characteristics, rating, fee-charging policy of game products provided and the details of using game products, such as time spent in using game products and information on payment; |
| 5. |
Placement of a warning notice for prevention of excessive use of game products; |
| 6. |
Indication of details on the passage of time to use game products on the screen of using game products; |
| 7. |
Other matters prescribed by Presidential Decree for the prevention of excessive use by users of game products. |
| (2) |
The Minister of Gender Equality and Family shall enter into consultations with the Minister of Culture, Sports and Tourism when he/she evaluates the propriety of the scope of game products subject to the time restriction to provide online games during the midnight hours provided under Article 26 of the Juvenile Protection Act. <Amended by Act No. 11048, Sep. 15, 2011> |
| (3) |
Scope of game products, method and procedure for the preventative measures provided in paragraph (1) and the method and procedure for evaluation provided in paragraph (2) shall be prescribed by Presidential Decree. |
| (4) |
The Minister of Culture, Sports and Tourism may request game products related business operators to submit data related to the preventative measures and to report thereon, as prescribed by Presidential Decree. In such cases, those in receipt of a request to do so shall comply with the request unless any special ground exists otherwise. |
| (5) |
Where the Minister of Culture, Sports and Tourism deems that the preventative measures are not enough after evaluating the contents submitted or reported by game products related business operators pursuant to paragraph (4), he/she may order the relevant game products related business operators to take corrective measures. |
| (6) |
When game products related business operators receive a corrective order under paragraph (5), they shall report to the Minister of Culture, Sports and Tourism regarding the results of measures within ten days. |
| (7) |
Where the Minister of Culture, Sports and Tourism evaluates the preventative measures pursuant to paragraph (5), he/she may listen to the opinions of the head of the relevant central administrative agency, experts, juveniles and organizations related to school parents and announce the outcomes of evaluation. |
[This Article Newly Inserted by Act No. 10879, Jul. 21, 2011]
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| Article 12-4 (Assistance for Education concerning Use of Game Products, etc.) |
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| (1) |
The Government may provide necessary assistance for education concerning the right use of game products. |
| (2) |
The Government shall endeavor so that education concerning the right use of game products may be conducted in school education. |
| (4) |
The Minister of Culture, Sports and Tourism may entrust the education concerning the use of game products to an institution or organization related to the relevant business. |
[This Article Newly Inserted by Act No. 10879, Jul. 21, 2011]
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| Article 13 (Protection of Intellectual Property Rights) |
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| (1) |
In order to protect and foster creative activities related to games, the Government shall formulate policies for the protection of intellectual property rights of game products. <Amended by Act No. 10629, May 19, 2011> |
| (2) |
For the protection of intellectual property rights of game products, the Government may promote activities referred to in the following subparagraphs: <Amended by Act No. 10629, May 19, 2011> |
| 1. |
Technical protection of game products; |
| 2. |
Vitalization of information indicating management of rights, such as information for the identification of the game product and the producer of the game product; |
| 3. |
Education and public relations on intellectual property rights, such as copyright in the game sector. |
| (3) |
The Government may designate specialized institutions or organizations in the field of intellectual property rights and have them promote the activities referred to in the subparagraphs of paragraph (2), as prescribed by Presidential Decree. <Amended by Act No. 10629, May 19, 2011> |
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| Article 14 (Protection of Rights and Interests of Users) |
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In order to protect the rights and interests of persons who use game products, the Government shall promote the activities referred to in the following subparagraphs:
| 1. |
Education and public relations for the establishment of a healthy game use culture; |
| 2. |
Prevention and relief from damages which users of game products may suffer; |
| 3. |
Protection of juveniles from harmful game products. |
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| Article 15 Deleted.<by Act No. 11315, Feb. 17, 2012> |
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CHAPTER IV RATINGS CLASSIFICATION
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| Article 16 (Game Rating Board) |
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| (1) |
The Game Rating Board (hereinafter referred to as the "Rating Board") shall be established to ensure the ethics and public nature of game products, to prevent provocation or encouragement of a speculative spirit and to protect juveniles. <Amended by Act No. 10554, Apr. 5, 2010> |
| (2) |
The Rating Board shall deliberate and resolve on the following matters: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8739, Dec. 21, 2007; Act No. 10554, Apr. 5, 2010; Act No. 11139, Dec. 31, 2011> |
| 1. |
Matters concerning the classification of game products ratings; |
| 2. |
Matters concerning ascertainment on harmfulness to juveniles; |
| 3. |
Matters concerning ascertainment on the speculative nature of game products; |
| 4. |
Matters concerning the post management of the rating classification, such as ascertainment on production, distribution or provision for use according to the rating classification of game products; |
| 5. |
Matters concerning investigations and research for securing objectivity in the rating classification of game products; |
| 6. |
Matters concerning the enactment, amendment and repeal of the regulations of the Rating Board; |
| 7. |
Matters concerning applications for the challenge of a member pursuant to Article 17-2 (2); |
| 8. |
Matters as to whether game products, advertising or propaganda provided through the information and communications network are subject to a recommendation for correction referred to in Article 38 (7). |
| (3) |
The Rating Board shall be comprised of no more than nine members, including one chairperson, and the chairperson shall be a standing member. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11139, Dec. 31, 2011> |
| (4) |
The chairperson of the Rating Board shall be elected from among the members; the members of the Rating Board shall be appointed by the Minister of Culture, Sports and Tourism on the recommendation of the heads of organizations prescribed by Presidential Decree from among those who are engaged in fields of cultural art, cultural industry, juvenile, law, education, press and information and communications and in non-profit and non-governmental organizations under the Assistance for Non-Profit, Non-Governmental Organizations Act and having specialty and experience in the game industry, children or juveniles; concrete matters concerning election standards shall be prescribed by Presidential Decree: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (5) |
The term of office of the chairperson and members shall be three years. |
| (6) |
Where necessary to efficiently perform the affairs of the Rating Board, subcommittees may be established. <Newly Inserted by Act No. 8247, Jan. 19, 2007> |
| (7) |
Matters necessary for the organization and operation of the Rating Board shall be prescribed by the regulations of the Rating Board. <Amended by Act No. 8247, Jan. 19, 2007> |
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| Article 17 (Audit and Inspection) |
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| (1) |
One auditor shall be assigned to the Rating Board to audit and inspect matters concerning the business and accounts of the Rating Board. |
| (2) |
The auditor shall be appointed by the Minister of Culture, Sports and Tourism and shall be non-standing. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (3) |
The term of office of the auditor shall be three years. |
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| Article 17-2 (Exclusion, Challenge and Refusal of Members) |
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| (1) |
A member of the Rating Board shall be excluded from deliberation or determinations on any the following matters: |
| 1. |
Matters for which an application is filed with the Rating Board under this Act, such as an application for the classification of rating of game products pursuant to the provision of Article 21 (1) or such, by a member or a person who is or was his/her spouse (hereafter referred to as "application" in this Article); |
| 2. |
Matters for which an application is filed by any person who holds a relationship with a member, or a spouse or former spouse of such member, as a joint rightful person or a joint responsible person; |
| 3. |
Matters for which an application is filed by any person who has or had kinship with a member. |
| (2) |
When a person who has filed an application has proper reason to believe that a member is likely to make an unfair decision, he/she may explain such fact in writing and apply for a refusal of such member. |
| (3) |
Where a member has a reason falling under any of the subparagraphs of paragraph (1) or a reason which would enable him/her to apply for a refusal under the provisions of paragraph (2), he/she may self-refuse himself/herself from deliberation or decision on such matters. |
| (4) |
Matters necessary for exclusion, challenge and refusal of a member pursuant to paragraphs (1) through (3) shall be prescribed by the regulations of the Rating Board. |
[This Article Newly Inserted by Act No. 8247, Jan. 19, 2007]
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| Article 17-3 (Minutes) |
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| (1) |
The Rating Board shall prepare the minutes as prescribed by its regulations. |
| (2) |
The minutes referred to in paragraph (1) shall be open to the public as prescribed by the regulations of the Rating Board: Provided, That where there are special circumstances, such as the protection of confidential information of a business or such, the minutes need not be open to the public by decision of the Rating Board. |
| (3) |
Matters necessary for the extent, methods of and procedure for opening minutes to the public pursuant to paragraphs (1) and (2) shall be prescribed by the regulations of the Rating Board. |
[This Article Newly Inserted by Act No. 8247, Jan. 19, 2007]
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| Article 18 (Secretariat) |
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| (1) |
There shall be established a Secretariat in the Rating Board to assist in the affairs of the Board and inspect matters concerning the post management of rating classification. <Amended by Act No. 8247, Jan. 19, 2007> |
| (2) |
One secretary general shall be assigned to the Secretariat, which shall be appointed by the chairperson with the consent of the Rating Board. |
| (3) |
Matters necessary for the post management of rating classification of the Secretariat shall be prescribed by Presidential Decree, and matters necessary for the organization and operation thereof shall be prescribed by the regulations of the Rating Board. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11139, Dec. 31, 2011> |
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| Article 19 (Enactment and Amendment of Regulations of Rating Board) |
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| (1) |
When the Rating Board intends to enact or amend its regulations, it shall place advance notice of a proposal for enactment or amendment in the Official Gazette for not less than 20 days, and when it has enacted or amended its regulations, it shall publish and promulgate such regulations in the Official Gazette. |
| (2) |
Where the Rating Board intends to determine the standard of rating or amend the same pursuant to Article 21 (7), it shall collect the opinions of juvenile organizations, non-profit organizations, and academia or industrial circles. <Amended by Act No. 8247, Jan. 19, 2007> |
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| Article 20 (Support) |
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| (1) |
Expenses incurred in operation of the Rating Board may be subsidized from the National Treasury. |
| (2) |
A business plan of the Rating Board accompanying the budget of the National Treasury shall be made, following prior consultation with the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
<<The provisions of this Article shall be effective until December 31, 2011 under Article 2 of the Addenda of No. 7941 of April 28, 2006.>>
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| Article 21 (Ratings Classification) |
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| (1) |
A person who intends to produce or distribute a game product for the purpose of circulating the game product or providing for the use thereof shall receive a rating on the contents of the relevant game product from the Rating Board before production or distribution of such game product: Provided, That this shall not apply to any of the following game products: <Amended by Act No. 8247, Jan. 19, 2007; Amended by Act No. 10554, Apr. 5, 2010> |
| 1. |
Game products produced or distributed for the purpose of use or exhibition in a game competition or exhibition recommended by the head of a central administrative agency; |
| 2. |
Game products prescribed by Presidential Decree, as game products produced or distributed for the purpose of education, learning, religion or public relations for public good; |
| 3. |
Game products in compliance with the objects, standards and procedures prescribed by Presidential Decree as game products for testing to evaluate performance, safety, degree of user satisfaction etc., in the process of development of game products; |
| 4. |
Those prescribed by Presidential Decree among game products for which an advanced rating classification through the Rating Board is not proper due to the nature, etc. of those who produce game products and their distribution process: Provided, That the same shall not apply to the game products not-permitted for use by juveniles pursuant to the standard under paragraph (9). |
| (2) |
The rating classifications of game products shall be as follows: <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
Permitted for use by all: Game products which may be used by anyone; |
| 2. |
Permitted for use by 12 year old: Game products which cannot be used by those under 12 years of age; |
| 3. |
Permitted for use by 15 year old: Game products which cannot be used by those under 15 years of age; |
| 4. |
Not permitted for use by juveniles: Game products which cannot be used by juveniles. |
| (3) |
Notwithstanding paragraph (2), game products provided to a juvenile game providing business or a general game providing business shall be classified as game products permitted for use by all and game products not permitted for juveniles. <Newly Inserted by Act No. 8247, Jan. 19, 2007> |
| (4) |
The Rating Board shall ascertain whether a game product for which an application for rating is filed is a speculative game product. <Amended by Act No. 8247, Jan. 19, 2007> |
| (5) |
Where a person has revised the contents of a game product rated, he/she shall report such to the Rating Board within 24 hours, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. In such cases, where the contents reported have been revised to the extent that a change of rating is required, the Rating Board shall notify him/her that the contents are subject to reclassification of rating within seven days after receipt of the report, and the game product shall be deemed a new game product and he/she shall take the necessary measures to receive a new rating following the formalities prescribed by the regulations of the Rating Board. <Newly Inserted by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (6) |
Where a revised game product is revised to the extent that a change of rating is required pursuant to paragraph (5) and the concerned party fails to obtain a new rating or provides a game product different from the contents for which a rating was received, the Rating Board may investigate ex officio or reclassify the rating at the request of a game product providing business operator or a game product distributing business operator. <Newly Inserted by Act No. 8247, Jan. 19, 2007> |
| (7) |
Matters necessary for ratings standards referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (8) |
The Rating Board may place a game product under technical deliberation, as prescribed by Presidential Decree, to ascertain whether the game product is a speculative game product. <Newly Inserted by Act No. 8247, Jan. 19, 2007> |
| (9) |
A person who intends to provide for use or distribute a game product under paragraph (1) 4 shall independently conduct rating classification and indicate it according to a separate standard discussed with the Rating Board. In such cases, he/she shall be deemed to receive a rating classification pursuant to paragraph (1). <Newly Inserted by Act No. 10554, Apr. 5, 2010> |
| (10) |
A person who intends to provide for use or distribute a game product under paragraph (1) 4 shall report on the rating and contents of indication under paragraph (9) to the Rating Board within one week after distributing or providing a game product for use. <Newly Inserted by Act No. 10554, Apr. 5, 2010> |
| (11) |
Where the indication of rating under paragraph (9) is not proper, the Rating Board may conduct rating classification upon the request of the Minister of Culture, Sports and Tourism or ex officio. <Newly Inserted by Act No. 10554, Apr. 5, 2010> |
| (12) |
Where any rating decision rendered by an agency that has been entrusted with the rating classification affairs pursuant to Article 24-2 (hereinafter referred to as "rating classification agency") is not proper for the ratings standards referred to in paragraph (7), the Rating Board may conduct rating classification ex officio.<Newly Inserted by Act No. 11139, Dec. 31, 2011> |
law view
| Article 22 (Refusal of Rating and Notice) |
|
| (1) |
Where necessary for the conduct of activities under Article 16 (2) 1 through 4, the Rating Board may request a person who applies for rating to submit data necessary for the rating examination. <Amended by Act No. 10554, Apr. 5, 2010> |
| (2) |
The Rating Board may refuse to provide a rating classification to any person who applies for a rating on any act or apparatus subject to regulation or punishment under the provisions of other Acts, such as the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., the Criminal Act or such, any person who applies for a rating without justifiable title, or fraudulently or in any unlawful manner, or any person who applies for a rating on game products that are speculative game products. <Amended by Act No. 8247, Jan. 19, 2007> |
| (3) |
Where the Rating Board has determined a rating, it shall deliver the following documents to an applicant, and where it has decided to deny a rating because the game products are speculative game products, it shall deliver to an applicant without delay the documents in which the contents of a decision and the reason thereof are entered: <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
A certificate of rating in which the relevant rating of the game product is entered; |
| 2. |
Documents in which obligations according to rating are entered; |
| 3. |
Documents in which information on the contents of the game product is entered. |
| (4) |
If the Rating Board becomes aware of the fact that a game product which has received a rating is subject to a denial of rating pursuant to the provision of paragraph (2), it shall cancel the rating decision without delay. <Amended by Act No. 8247, Jan. 19, 2007> |
| (5) |
Matters necessary for the standards, procedure and method of a request for presentation of data, rating decision, rating denial decision and procedures for decisions on speculative game products, delivery of a certificate of rating and matters to be included in information on the contents of game products or such, pursuant to paragraphs (1) through (3), shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
law view
| Article 23 (Reclassification of Rating, etc.) |
|
| (1) |
A person who has an objection with regard to a rating decision under Article 21 or a decision to deny rating under Article 22 issued by the Rating Board or the rating classification agency may submit an objection to the Rating Board or the rating classification agency by specifying detailed grounds therefor within 30 days from after receipt of a notice of such decision for receiving a rating again. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11139, Dec. 31, 2011> |
| (2) |
When the Rating Board receives an objection submitted under paragraph (1), it shall examine the objection. Where it finds the objection has good cause, it shall reclassify the rating within 15 days after receipt of the application and it shall notify an applicant or his/her agent of the result, and where it finds no good cause, it shall notify an applicant or his/her agent of such. <Amended by Act No. 8247, Jan. 19, 2007> |
| (3) |
Matters necessary for procedures for submitting applications and notification of decisions pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
law view
| Article 24 (Notification of Rating, etc.) |
|
Where the Rating Board has made any of the following decisions or cancellations, or has been notified of a rating decision or cancellation of a rating decision from the rating classification agency pursuant to subparagraph 1 of Article 24-3, it shall notify the head of an administrative agency prescribed by Presidential Decree, an association or organization as provided under Article 39 (hereinafter referred to as "association or such"), and other institutions and organizations deemed necessary, of such decision or cancellation in writing, and it shall publish the details thereof, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11139, Dec. 31, 2011>
| 1. |
A rating decision under Article 21 (2) or decision to deny rating of a speculative game product under Article 22 (2); |
| 2. |
A cancellation of rating decision under Article 22 (4); |
law view
| Article 24-2 (Entrustment of Rating Classification Affairs) |
|
The Rating Board may entrust any of the following affairs with respect to game products falling under Article 21 (2) 1 through 3 (excluding the game products provided to the juvenile game providing business, the general game providing business, and the combined distribution and game providing business) to the rating classification agency designated by the Minister of Culture, Sports and Tourism, which is a corporation equipped with human resources, facilities, etc. prescribed by Presidential Decree:
| 1. |
Issuing rating decisions pursuant to the main sentence of Article 21 (1); |
| 2. |
Accepting reports on revised contents, notifying persons subject to reclassification of rating, and taking measures pursuant to Article 21 (5); |
| 3. |
Requesting submission of data pursuant to Article 22 (1) (limited to data necessary to perform the duties provided for in Article 16 (2) 1 and 2); |
| 4. |
Issuing decisions to deny rating pursuant to Article 22 (2) (excluding speculative game products); |
| 5. |
Delivering documents related to rating decision pursuant to Article 22 (3); |
| 6. |
Cancelling rating decisions pursuant to Article 22 (4). |
[This Article Newly Inserted by Act No. 11139, Dec. 31, 2011]
law view
| Article 24-3 (Matters to be Observed by Rating Classification Agency) |
|
The rating classification agency shall observe each of the following:
| 1. |
Where it has issued a rating decision pursuant to the main sentence of Article 21 (1) or cancels a rating decision pursuant to Article 22 (4), it shall notify the Rating Board thereof within ten days; |
| 2. |
It shall submit to the Rating Board by the end of February each year an annual activities report that includes the status of applications for rating classification of game products for each rate, the status of rating decisions and decisions to deny rating, and the time spent in the rating classification of each game product and the reasons for decisions to deny rating when the decisions to deny rating have been issued; |
| 3. |
The executives and employees of the rating classification agency shall undergo necessary education concerning the rating classification affairs of game products provided by the Rating Board for up to ten hours each year; |
| 4. |
Unless special circumstances dictate otherwise, it shall comply with the Rating Board' request for submission of data with regard to the rating classification affairs. |
[This Article Newly Inserted by Act No. 11139, Dec. 31, 2011]
law view
| Article 24-4 (Cancellation of Designation of Rating Classification Agency) |
|
Where the rating classification agency falls under any of the following cases, the Minister of Culture, Sports and Tourism may cancel its designation or order it to suspend business for a specified period of six months: Provided, That where it falls under subparagraph 1, it shall cancel its designation:
| 1. |
Where it has been designated by fraudulent or other unlawful means; |
| 2. |
Where it fails to meet the requirements for designation of Article 24-2; |
| 3. |
Where it breaches any matter to be observed listed in Article 24-3. |
[This Article Newly Inserted by Act No. 11139, Dec. 31, 2011]
CHAPTER V ESTABLISHMENT OF BUSINESS ORDER
SECTION 1 Report, Registration and Operation of Business
law view
| Article 25 (Registration of Game Producing Business) |
|
| (1) |
A person who intends to conduct a game producing business or a game distributing business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That under any of the following cases, such business may be conducted without registration: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| 1. |
Where the State or a local government produces game products; |
| 2. |
Where an educational or training institution established pursuant to Acts and subordinate statutes produces game products to be used it for purposes of in-house education or training; |
| 4. |
Other cases prescribed by Presidential Decree in which a person produces game apparatus by itself cannot be used to play a game. |
| (2) |
Where a person who has registered pursuant to paragraph (1) intends to modify important matters, as so prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, he/she shall register for such modification. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (3) |
Where the head of a Si/Gun/Gu has received a registration pursuant to paragraph (1) or a registration for modification pursuant to paragraph (2), he/she shall deliver a certificate of registration to the applicant. <Amended by Act No. 8247, Jan. 19, 2007> |
| (4) |
Matters necessary for procedures and methods of registration, registration for modification, and delivery of a certificate of registration pursuant to paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
law view
| Article 26 (Permission for Game Providing Business) |
|
| (1) |
A person who intends to conduct a general game providing business may conduct such business with the permission of the head of a Si/Gun/Gu regarding the standards and procedures for such permission as prescribed by Presidential Decree: Provided, That such business shall constitute a sales facility referred to in Article 2 (2) 7 of the Building Act and shall not be located in a residential area referred to in Article 36 (1) 1 (a) of the National Land Planning and Utilization Act. <Newly Inserted by Act No. 8247, Jan. 19, 2007> |
| (2) |
A person who intends to conduct a juvenile game providing business or business providing Internet computer game facilities shall provide facilities as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si/Gun/Gu: Provided, That where a person who provides game products through the information and communications network has obtained permission, reported or registered pursuant to the Telecommunications Business Act, he/she shall be deemed to have registered under this Act. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (3) |
A person who intends to conduct a combined distribution and game providing business shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That where a person who has obtained permission of a general game providing business pursuant to paragraph (1) or a person who has registered a juvenile game providing business or business providing Internet computer game facilities pursuant to paragraph (2) intends to conduct a complex distribution and game providing business, he/she shall report such to the head of a Si/Gun/Gu. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (4) |
Where a person who has obtained permission, registered or reported pursuant to paragraphs (1) through (3) intends to modify important matters, as so prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, he/she shall obtain permission for modification, register for modification or report of modification. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (5) |
Where the head of a Si/Gun/Gu permits the modification or receives registration, registration for modification, or receives a report or a report of modification pursuant to paragraphs (1) through (4), he/she shall deliver a certificate of permission, a certificate of registration or a certificate of report to an applicant, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
law view
| Article 27 (Restrictions on Business) |
|
Where a person who intends to obtain permission, register, or report pursuant to Article 25 or 26 falls under any of the following cases, he/she shall not obtain permission, register, or report pursuant to Article 25 or 26: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11048, Sep. 15, 2011>
| 1. |
Where a person (in cases of a corporation, including its representative or an executive) in whose case one year has not passed since he/she was ordered to close business or subject to a disposition of cancellation of permission or registration, or the same period has not expired since he/she was subject to a disposition of suspension of business pursuant to Article 35 (1) and (2) intends to conduct the same category of business again; |
| 2. |
Where a person in whose case one year has not passed since he/she was ordered to close business or subject to a disposition of cancellation of permission or registration, or the same period has not expired since he/she was subject to a disposition of suspension of business pursuant to Article 35 (1) and (2) intends to conduct a category of business which is the same as the said business at the same location; |
| 3. |
Where a person who operates a business establishment harmful to juveniles as defined in subparagraph 5 of Article 2 of the Juvenile Protection Act intends to engage in the combined distribution and game providing business. |
law view
| Article 28 (Matters to be Observed by Game Products related Business Operators) |
|
A game products related business operator shall observe the matters referred to in the following subparagraphs: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 10554, Apr. 5, 2010>
| 1. |
He/she shall receive education concerning distribution order pursuant to Article 9 (3); |
| 2. |
He/she shall neither have others gamble or do other speculative acts by making use of game products nor leave them to do such things; |
2-2. He/she shall not promote speculation through operation method or apparatus, device, etc. closely related to realization of contents of game products by making the unit of currency of game money similar to that issued by the Bank of Korea, etc.;
| 3. |
He/she shall not promote speculation by offering premiums or such: Provided, That the foregoing shall not apply to the types of premiums (toys and stationery or such; provided, that cash, gift certificates and securities shall be excluded), basis of provision, method of offering of premiums, etc., prescribed by Presidential Decree on game products permitted for use by all of a juvenile game providing business; |
| 4. |
A person who conducts a juvenile game providing business pursuant to subparagraph 6-2 (a) of Article 2 shall not provide game products not permitted for use by juveniles; |
| 5. |
A person who conducts a general game providing business pursuant to subparagraph 6-2 (b) of Article 2 shall not admit juveniles to a game room; |
| 6. |
He/she shall install a program or device for blocking obscene materials and speculative game products as published by the Minister of Culture, Sports and Tourism in game products and computer facilities or such: Provided, That the foregoing shall not apply where obscene materials and speculative game products cannot be connected even if a program or device for blocking obscene materials and speculative game products is not installed; |
| 7. |
He/she shall observe business hours and hours for admitting juveniles as prescribed by Presidential Decree; |
| 8. |
He/she shall observe matters prescribed by Presidential Decree as other matters necessary for maintaining business order. |
law view
| Article 29 (Succession to Business) |
|
| (1) |
When a business operator who has obtained permission pursuant to Article 25, or any business operator who has registered or reported pursuant to Article 26, transfers his/her business or dies, or such corporation is merged, such transferee, successor or corporation which continues to exist following merger, or a corporation which is established by merger shall succeed to such business operator's position. <Amended by Act No. 8247, Jan. 19, 2007> |
| (2) |
Where a person whose permission, registration or report is cancelled by report of the closure of business pursuant to Article 30 intends to obtain permission, register or report again within one year under the same category of business at the place where his/her business has been closed, the business operator concerned shall succeed to a business operator's position before a report of the closure of business. <Amended by Act No. 8247, Jan. 19, 2007> |
| (3) |
A person who takes over by transfer the whole of facilities and apparatus (referring to main facilities and apparatus prescribed by Presidential Decree) of a business operator according to auction under the Civil Execution Act, realization under the Debtor Rehabilitation and Bankruptcy Act or sale of seized property under the National Tax Collection Act, the Customs Act or the Framework Act on Local Taxes, and other procedures corresponding thereto shall succeed to such business operator's position. <Amended by Act No. 10219, Mar. 31, 2010> |
| (4) |
A person who succeeds to a business operator's position pursuant to paragraphs (1) through (3) shall report to the head of the competent Si/Gun/Gu. <Amended by Act No. 8247, Jan. 19, 2007> |
law view
| Article 30 (Closure of Business and Ex Officio Cancellation) |
|
| (1) |
When a person who has obtained permission, registered or reported pursuant to Article 25 or 26 closes his/her business, he/she shall report the closure of business to the head of the competent Si/Gun/Gu within seven days from the date he/she closes business, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| (2) |
With regard to a person who fails to report a closure of business pursuant to paragraph (1), the head of a Si/Gun/Gu may cancel the matters permitted, registered or reported ex officio after ascertaining whether he/she has closed his/her business as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
law view
| Article 31 (Post Management) |
|
| (1) |
For the fair classification of rating and distribution of game products, and the establishment of sound business practices for providing game products for use, the Minister of Culture, Sports and Tourism shall regularly inspect and supervise matters as to whether the Rating Board, the rating classification agency, and the game products-related business operators observe this Act, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11139, Dec. 31, 2011> |
| (2) |
When deemed necessary for the following purposes, the Minister of Culture, Sports and Tourism, a Mayor/Do Governor or the head of a Si/Gun/Gu may have game products related business operators prepare necessary reports or allow a relevant public official to have access to places of business or such, of game providing business or business providing Internet computer game facilities to make necessary investigations or inspect documents: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 10554, Apr. 5, 2010> |
| 1. |
Establishment of distribution order of game products; |
| 2. |
Prevention of use of game products in speculative acts; |
| 3. |
Prevention of furtherance of speculation of game products. |
| (3) |
A Mayor/Do Governor and the head of a Si/Gun/Gu shall, as prescribed by Presidential Decree, submit reports on the actual conditions of game products related business operators to the Minister of Culture, Sports and Tourism, the Minister of Security and Public Administration, the Commissioner General of the Korean National Police Agency, and the head of a relevant administrative agency prescribed by Presidential Decree on a regular basis. <Newly Inserted by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| (4) |
A relevant public official who has access to and performs inspections pursuant to paragraph (2) shall carry identification indicating his/her authority and produce it to the related persons. |
SECTION 2 Distribution and Indication of Game Products
law view
| Article 32 (Prohibition of Distribution of Illegal Game Products) |
|
| (1) |
No one shall perform acts referred to in the following subparagraphs hindering the good distribution order of game products: Provided, That in cases referred to in subparagraph 4, a person who conducts a business of speculative activities shall be excluded pursuant to the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.<Amended by Act No. 8247, Jan. 19, 2007; Act No. 10554, Apr. 5, 2010> |
| 1. |
Providing game products for distribution or use which have not been classified pursuant to Article 21 (1), or displaying or keeping the same for such purposes; |
| 2. |
Providing game products for distribution use, the contents of which are different from the classification obtained pursuant to Article 21 (1), or displaying or keeping the same for such purposes; |
| 3. |
Providing game products classified for use, in violation of the rating classification referred to in the subparagraphs of Article 21 (2); |
| 4. |
Distributing or providing game products the rating classification of which has been denied because it constitutes a speculative game product pursuant to Article 22 (2), or displaying or keeping the same for the purpose of providing for distribution or use; |
| 5. |
Buying and selling, donating or lending a certificate of rating classification obtained pursuant to Article 22 (3) 1; |
| 6. |
Distributing or providing game products with no indications of matters, such as rating and information on the contents of the game product, or game products with no device attached indicating information on the operation of the game product for use, in violation of Article 33 (1) or (2); |
| 7. |
Acts making a business of exchange or intermediating exchange or repurchase of tangible and intangible results (referring to game money prescribed by Presidential Decree and things similar thereto prescribed by Presidential Decree such as score, premiums and virtual currency used in game) obtained through the use of game products by anyone; |
| 8. |
Distributing computer programs, apparatus or device not provided or approved by a game products related business operator in order to disturb normal operation of game products or producing them for their distribution. |
| (2) |
No one shall produce or bring game products falling under the following subparagraphs: |
| 1. |
Game products having a view to substantially the national identity by describing antinational acts or distorting historical facts; |
| 2. |
Game products having a view to harming beautiful and refined customs by destroying family morals, such as assault on, homicide of or such, of an familial ascendant or descendant; |
| 3. |
Game products having a view to disturbing the good social order, such as instigating criminal psychology or imitation psychology, by excessively describing a crime, violence, lewdness or such. |
law view
| Article 33 (Duty of Indications) |
|
| (1) |
A person who produces or distributes game products for the purpose of providing for the distribution or use thereof shall indicate the trade name (in cases of game products annexed to books, referring to the trade name of the publishing company) of the person who produces or distributes such, the rating, and information on the contents of the game products of the game products concerned. |
| (2) |
A person who produces or distributes game products for the purpose of providing for the circulation or use thereof shall attach a device indicating information on the operation of the game products to the game products prescribed by Presidential Decree. <Amended by Act No. 8247, Jan. 19, 2007> |
| (3) |
Matters necessary for methods of providing indications pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
law view
| Article 34 (Restrictions on Advertisement or Publicity) |
|
| (1) |
No one shall perform the following acts: <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
Advertising contents different from those of the game products as classified, or distributing or posting the publicizing matters thereof; |
| 2. |
Distributing or posting advertising and publicizing matters in which a rating different from the rating of the game products as classified is indicated; |
| 3. |
Advertising with different indications from the information on the contents of game products, or distributing or posting the publicizing matters thereof; |
| 4. |
Advertising contents encouraging a speculative spirit, such as providing premiums in addition to information on the contents of game products, or distributing or posting publicizing matters. |
| (2) |
A person who conducts a game providing business, business providing Internet computer game facilities or a combined distribution and game providing business shall not install or post advertising matters prescribed by Presidential Decree, as advertising matters which may cause misunderstanding as a place for speculative acts or gambling. <Amended by Act No. 8247, Jan. 19, 2007> |
SECTION 3 Administrative Measures, such as Cancellation of Registration
law view
| Article 35 (Cancellation of Permission) |
|
| (1) |
When a person who has registered a game producing business or a game distributing business pursuant to Article 25 (1) falls under any of the following subparagraphs, the head of a Si/Gun/Gu may order him/her to suspend or close his/her business for a fixed period not exceeding six months: Provided, That when he/she falls under subparagraph 1 or 2, the head of a Si/Gun/Gu shall order him/her to close his/her business: <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
When he/she has registered fraudulently or in any unlawful manner; |
| 2. |
When he/she continues to conduct a business in violation of an order for the suspension of business; |
| 3. |
When he/she fails to register any modification in violation of Article 25 (2); |
| 4. |
When he/she violates matters to be observed under Article 28; |
| 5. |
When he/she violates a duty of prohibition of distribution of illegal game products or such, under Article 32. |
| (2) |
When a person who has obtained permission for, registered or reported a game providing business, a business providing Internet computer game facilities or a combined distribution and game providing business pursuant to Article 26 falls under any of the following subparagraphs, the head of a Si/Gun/Gu may order him/her to suspend his/her business or close his/her business, or cancel permission or registration for a fixed period not exceeding six months: Provided, That when he/she falls under subparagraph 1 or 2, the head of a Si/Gun/Gu shall cancel permission or registration, or order him/her to close his/her business. <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
When he/she has obtained permission, registered or reported fraudulently or in any unlawful manner; |
| 2. |
When he/she continues to conduct a business in violation of an order for the suspension of business; |
| 3. |
When he/she fails to meet the standards of permission or registration pursuant to Article 26 (1) through (3); |
| 4. |
When he/she fails to obtain permission for modification, or make registration for modification or a report of modification pursuant to Article 26 (4); |
| 5. |
When he/she violates matters to be observed under Article 28; |
| 6. |
When he/she falls under paragraph (1) 4 and 5. |
| (3) |
A person who has received an order for the closure of his/her business or is the subject of a disposition of cancellation of permission or registration pursuant to paragraph (1) or (2) shall return a certificate of permission, a certificate of registration, or a certificate of report within seven days from the date he/she receives notice of such disposition. <Amended by Act No. 8247, Jan. 19, 2007> |
| (4) |
Detailed standards for administrative disposition pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in consideration of the types and degrees of such offenses or such. <Amended by Act No. 8852, Feb. 29, 2008> |
law view
| Article 36 (Imposition of Penalty Surcharge) |
|
| (1) |
When the head of a Si/Gun/Gu issues a disposition for the suspension of business because a person who conducts a game providing business, business providing Internet computer game facilities or combined distribution or a game providing business falls under any of the following subparagraphs, he/she may impose a penalty surcharge not exceeding 20 million won in lieu of such disposition for suspension of business, as prescribed by Presidential Decree: <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
When he/she fails to meet the standard of permission or the standard of registration pursuant to Article 26 (1) and (2) or the main sentence of Article 26 (3); |
| 2. |
When he/she violates matters to be observed under subparagraphs 4 through 8 of Article 28. |
| (2) |
The head of a Si/Gun/Gu shall use an amount equivalent to the amount collected as penalty surcharges pursuant to paragraph (1) for purposes referred to in the following subparagraphs and formulate and execute annually a plan for use of penalty surcharges for the next year: <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
Production and distribution of healthy game products; |
| 2. |
Healthiness of game rooms and improvement of harmful circumstances; |
| 3. |
Support to exemplary places of business; |
| 4. |
Support following guidance and regulation activities of illegal game products and illegal places of business; |
| 5. |
Securing of a storage place and discarding of seized illegal game products. |
| (3) |
When a person who is required to pay a penalty surcharge under paragraph (1) fails to pay it by the due date of such payment, the head of a Si/Gun/Gu shall collect it in the same manner as delinquent local taxes are collected. |
| (4) |
Matters necessary for the amount of penalty surcharges and procedures for the imposition thereof according to the types and degrees of offenses on which penalty surcharges are imposed pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
law view
| Article 37 (Succession to Effect of Disposition of Administrative Sanctions) |
|
| (1) |
Where a person succeeds to the position of a business operator pursuant to Article 29 (1), the effect of administrative sanctions taken against the previous business operator by reason of violation of the subparagraphs of Article 35 (1) or (2) shall devolve to any person who succeeds to the position of the business operator within one year from the date of such administrative disposition, and while the formalities of disposition of administrative sanctions are proceeding, the formalities of the disposition of administrative sanctions may proceed with any person who succeeds to the position of the business operator: Provided, That the foregoing shall not apply where a transferee, a successor or a corporation which continues to exist after a merger does not know of such disposition or offense. |
| (2) |
Where a person succeeds to the position of a business operator pursuant to Article 29 (2), the effect of a disposition of administrative sanctions taken by reason of violation of the subparagraphs of Article 35 (1) or (2) before reporting a closure of business shall devolve to any person who succeeds to the position of the business operator within one year from the date of such administrative disposition, and while the formalities of the disposition of administrative sanctions are proceeding, the formalities of the disposition of administrative sanctions may proceed with any person who succeeds to the position of the business operator. |
law view
| Article 38 (Closure and Collection) |
|
| (1) |
The head of a Si/Gun/Gu may have the relevant public official take the measures referred to in the following subparagraphs against any person who conducts a business without obtaining permission, making registration or reporting pursuant to Article 25 or 26 and any person who continues to conduct a business in spite of having received an order for the closure of business, or a disposition for cancellation of permission or registration pursuant to Article 35 (1) or (2) in order to close such places of business: <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
Removal or elimination of a signboard of the business concerned or the place of business concerned and other indications of business; |
| 2. |
Sticking a notice informing that the business concerned or the place of business concerned is illegal; |
| 3. |
Prohibiting by seal the use of apparatus or facilities necessary for business. |
| (2) |
When taking the measures referred to in paragraph (1), the head of a Si/Gun/Gu shall advise in advance the business operator concerned or his/her agent of such measures in writing: Provided, That the foregoing shall not apply where an urgent reason prescribed by Presidential Decree arises. |
| (3) |
When game products provided for distribution or use, or advertising or publicizing matters fall under any of the following subparagraphs, the Minister of Culture, Sports and Tourism. a Mayor/Do Governor or the head of a Si/Gun/Gu shall remove, destroy or delete such: Provided, That for cases referred to in subparagraph 2, cases of conducting a business of speculative acts pursuant to the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. shall be excluded: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
| 1. |
Unclassified game products or the contents of which are different from the classification obtained; |
1-2. Game products which violate objects, standards and procedures prescribed by Presidential Decree referred to in Article 21 (1) 3 as game products for testing;
| 2. |
Game products the rating classification of which is denied because they constitute speculative game products; |
2-2. Game products provided in violation of the types and methods prescribed by Presidential Decree referred to in subparagraph 6 (c) of Article 2;
| 3. |
Game products produced or distributed for profit-making by a person who has not registered pursuant to Article 25; |
| 4. |
Advertising and publicizing matters distributed or posted in violation of Article 34; |
| 5. |
Apparatus, devices and programs produced for the purpose of incapacitating the technical protection measures of game products. |
| (4) |
When the relevant public official removes the game products concerned pursuant to paragraph (3), he/she shall deliver a certificate of removal to its owner or occupant: Provided, That this shall not apply where the latter refuses to receive the certificate of removal. |
| (5) |
When necessary to keep control over game products or such, as referred to in the subparagraphs of paragraph (3), the Minister of Culture, Sports and Tourism, the Mayor/Do Governor or the head of a Si/Gun/Gu may request an association or such, to give assistance, and the association or such, requested to assist shall provide necessary assistance to him/her in accordance with such request. <Amended by Act No. 8852, Feb. 29, 2008> |
| (6) |
The relevant public official who conducts a disposition, such as sticking, sealing, removal, destruction or such, pursuant to a notice, under paragraphs (1) through (3) or an executive or an employee of the association or such, shall carry identification indicating his/her authority and produce it to the persons concerned. |
| (7) |
Where a game product, advertisement or publicity or such, provided through the information and communications network falls under any of the subparagraphs of paragraph (3), the Minister of Culture, Sports and Tourism may order an information and communications service provider referred to in Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. or a person who supervises and manages a bulletin board referred to in subparagraph 9 of the same paragraph to refuse, suspend or restrict such conduct. In such cases, the Minister of Culture, Sports and Tourism shall undergo the due formalities of deliberation and recommendation for correction by the Rating Board in advance. <Newly Inserted by Act No. 8739, Dec. 21, 2007; Act No. 10554, Apr. 5, 2010> |
| (8) |
The Minister of Culture, Sports and Tourism may order a person who promotes speculation through operation method or apparatus, device, etc. closely related to realization of contents of game products in violation of subparagraph 2-2 of Article 28 to improve such operation method or to improve or remove such apparatus, device, etc. The Minister of Culture, Sports and Tourism may, before giving such an order for correction, determine the correction method and recommend him/her comply with such method. <Newly Inserted by Act No. 10554, Apr. 5, 2010> |
| (9) |
A person who has received a recommendation for correction or an order for correction under paragraph (7) or (8) shall take measures within seven days and notify the chairperson of the Game Rating Board or the Minister of Culture, Sports and Tourism of such result. <Newly Inserted by Act No. 10554, Apr. 5, 2010> |
| (10) |
The chairperson of the Rating Board or the Minister of Culture, Sports and Tourism shall give a person subject to recommendation for correction or order for correction pursuant to paragraph (7) or (8) an opportunity to present his/her opinion on the matter in advance: Provided, That this shall not apply where he/she falls under any of the following subparagraphs: <Newly Inserted by Act No. 8739, Dec. 21, 2007; Act No. 10554, Apr. 5, 2010> |
| 1. |
Where it is urgent for the safety and welfare of the public; |
| 2. |
Where it is substantially difficult or obviously unnecessary to hear an opinion; |
| 3. |
Where he/she gives up advancing his/her opinion with clear intent or delays advancing his/her opinion without any justifiable reason. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
law view
| Article 39 (Establishment of Association) |
|
| (1) |
Game products related business operators may establish an association or such, to promote the healthy development of businesses related to game products and the common interests of game products related business operators. |
| (2) |
The association, or such, pursuant to paragraph (1) shall be a juristic person. |
| (3) |
The association, or such, established pursuant to paragraph (1) shall endeavor to maintain the healthy production and good distribution order of game products. |
law view
| Article 39-2 (Reward) |
|
| (1) |
The Government may provide a reward to a person who reports, denounces or arrests any of the following persons to the relevant administrative agency or investigation agency within budgetary limits: |
| 1. |
A person who causes others to gamble, perform other speculative acts, or leaves others unattended so that they perform such acts, in violation of subparagraph 2 of Article 28; |
| 2. |
A person who promotes speculation in violation of subparagraph 3 of Article 28; |
| 3. |
A person who violates a duty of prohibition of distribution of illegal game products or such, pursuant to Article 32; |
| 4. |
A person who performs an act falling under any of the subparagraphs of Article 34 (1). |
| (2) |
Matters necessary for the standards, methods of and procedures for providing a reward pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 8247, Jan. 19, 2007]
law view
| Article 40 (Hearings) |
|
Where the head of a Si/Gun/Gu intends to order the closure of a business pursuant to Article 35 (1), or cancel permission or registration pursuant to Article 35 (2), he/she shall hold a hearing. <Amended by Act No. 8247, Jan. 19, 2007>
law view
| Article 41 (Fees) |
|
| (1) |
Any of the following persons shall pay fees, as prescribed by ordinances of a Si/Gun/Gu (referring to an autonomous Gu): <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
A person who registers a game producing business or game distributing business or registers a modification thereof pursuant to Article 25; |
| 2. |
A person who intends to obtain permission or permission for modification, or register the modification, or report the modification of a game providing business, business providing Internet computer game facilities or combined distribution and game providing business pursuant to Article 26. |
| (2) |
Any of the following persons shall pay fees determined by the Rating Board with the approval of the Minister of Culture, Sports and Tourism: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8739, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008> |
| 1. |
A person who applies for a rating classification under Article 21 (1); |
| 2. |
A person who submits an objection under Article 23; |
| 3. |
A person who is required to undergo technical deliberation under Article 21; |
| 4. |
A person who applies for confirmation of game products for testing under Article 21 (1) 3; |
| 5. |
A person who is subject to a reclassification of rating because he/she reports a revision of the contents of a game product under Article 21 (5). |
| (3) |
A person who intends to file an application for rating classification under Article 21 (1) with the rating classification agency shall pay a fee determined by the rating classification agency after obtaining approval from the Minister of Culture, Sports and Tourism. <Newly Inserted by Act No. 11139, Dec. 31, 2011> |
law view
| Article 42 (Delegation or Entrustment of Authority) |
|
| (1) |
The Minister of Culture, Sports and Tourism or a Mayor/Do Governor may delegate part of his/her authority pursuant to the provisions of this Act to Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The authority of the Minister of Culture, Sports and Tourism, a Mayor/Do Governor or the head of a Si/Gun/Gu pursuant to the provisions of this Act may be entrusted to an association or such, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
law view
| Article 43 (Deemed Public Officials for Purpose of Penal Provisions) |
|
The executives and employees of the Rating Board and the Secretariat under Articles 16 through 18 and the executives and employees of the rating classification agency and an association or such, who are engaged in the entrusted affairs pursuant to Articles 24-2 and 42 (2), shall be deemed public officials for the purpose of the penal provisions of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 11139, Dec. 31, 2011>
CHAPTER VII PENAL PROVISIONS
law view
| Article 44 (Penal Provisions) |
|
| (1) |
Any of the following persons shall be punished by imprisonment for not more than five years or a fine not exceeding 50 million won: <Amended by Act No. 8247, Jan. 19, 2007> |
| 1. |
A person who causes others to gamble or perform other speculative acts, or leaves others unattended so that they perform such things, in violation of subparagraph 2 of Article 28; |
1-2. A person who promotes speculation in violation of subparagraph 3 of Article 28;
| 2. |
A person who performs an act falling under subparagraphs 1, 4 or 7 of Article 32 (1); |
| 3. |
A person who continues to conduct business in spite of having received measures pursuant to the subparagraphs of Article 38 (1). |
| (2) |
Game products owned or occupied by a person falling under paragraph (1), gains obtained from such criminal acts (hereafter in this paragraph referred to as "criminal gains") and property which results from criminal gains shall be forfeited, and when they cannot be forfeited, the amount equivalent thereto shall be additionally collected. |
law view
| Article 45 (Penal Provisions) |
|
Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 10879, Jul. 21, 2011>
| 1. |
A person who fails to comply with the order for correction of the Minister of Culture, Sports and Tourism under Article 12-3 (5); |
1-2. A person who has no right title or receives a rating classification for game products fraudulently or in any unlawful manner pursuant to Article 22 (4);
| 2. |
A person who conducts business without obtaining permission or making registration in violation of Article 25 or 26 (1), (2) and the main sentence of Article 26 (3); |
| 3. |
Deleted; <by Act No. 8247, Jan. 19, 2007> |
3-2. A person who provides game products not permitted for use by juveniles in violation of subparagraph 4 of Article 28;
| 4. |
A person who distributes, provides for use, displays or keeps game products the contents of which are different from those of game products for which a rating classification has been obtained in violation of Article 32 (1) 2; |
| 5. |
A person who buys and sells, donates or lends a certificate of rating classification in violation of Article 32 (1) 5; |
| 6. |
A person who produces or brings game products in violation of the subparagraphs of Article 32 (2); |
| 7. |
A person who distributes game products for which a duty of indications has not been performed or provides such for use in violation of Article 32 (1) 6 and Article 33; |
| 8. |
A person who obtains permission, registers or reports fraudulently or in any unlawful manner pursuant to Article 35 (1) 1 and (2) 1; |
| 9. |
A person who conducts business in violation of an order for the suspension of business, pursuant to Article 35 (2) 2; |
| 10. |
A person who produces, distributes, or watches game products and game wares, or such, under Article 38 (3) 3 or 4, or provides such for use, or displays or stores for such purposes. |
law view
| Article 46 (Penal Provisions) |
|
Any of the following persons shall be punished by imprisonment for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8739, Dec. 21, 2007; Act No. 10554, Apr. 5, 2010; Act No. 11690, Mar. 23, 2013>
| 1. |
A person who conducts business without filing a report in violation of the proviso to Article 26 (3); |
| 2. |
A person who admits juveniles in violation of the hours for admitting juveniles pursuant to subparagraph 7 of Article 28; |
| 3. |
A person who provides game products in violation of the rating classification pursuant to Article 32 (1) 3; |
3-2. A person who distributes computer programs, apparatus or device not provided or approved by a game products related business operator or produces them for their distribution in violation of Article 32 (1) 8;
| 4. |
Deleted; <by Act No. 8247, Jan. 19, 2007> |
| 5. |
A person who conducts business in violation of an order for the suspension of business pursuant to Article 35 (1) 2; |
| 6. |
A person who fails to comply with an order issued by the Minister of Culture, Sports and Tourism under Article 38 (7) and (8). |
law view
| Article 47 (Joint Penal Provisions) |
|
When the representative of a corporation, or an agent, an employee or other workers of a corporation or an individual has committed an offense pursuant to Articles 44 through 46 with respect to the business of such corporation or individual, not only shall the offender be punished, but such corporation or individual shall also be punished by a fine referred to in the respective relevant Articles: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation. <Amended by Act No. 10554, Apr. 5, 2010>
law view
| Article 48 (Fines for Negligence) |
|
| (1) |
Any of the following persons shall be punished by a fine for negligence not exceeding ten million won: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 10879, Jul. 21, 2011> |
| 1. |
A person who fails to comply with the request for submission of data or report by the Minister of Culture, Sports and Tourism under Article 12-3 (4); |
1-3. A person who fails to register a modification in violation of Article 25 (2);
| 2. |
A person who fails to obtain permission for a modification, register a modification or report a modification in violation of Article 26 (4); |
2-2. A person who fails to report a modification in violation of Article 21 (5);
| 3. |
A person who fails to receive education in violation of subparagraph 1 of Article 28; |
| 4. |
A person who admits juveniles to a general game room in violation of subparagraph 5 of Article 28; |
| 5. |
A person who fails to install a program or a device blocking pornographic materials and speculative game products in violation of the provisions of subparagraph 6 of Article 28; |
| 6. |
A person who fails to file a report in violation of the provisions of Article 29 (4); |
| 7. |
A person who fails to report, refuses, interferes with or evades a relevant public official's access to, investigation or viewing of documents pursuant to Article 31 (2); |
| (2) |
The Minister of Culture, Sports and Tourism, Mayor/Do Governor, the head of a Si/Gun/Gu (hereinafter referred to as the "Imposer") shall impose and collect fines for negligence pursuant to paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
A person who is dissatisfied with a disposition of a fine for negligence pursuant to paragraph (2) may raise an objection to the imposing authority within 30 days from the date he/she receives notice of such disposition. |
| (4) |
Where a person raises an objection to a disposition of a fine for negligence pursuant to paragraph (3), the imposing authority shall, without delay, notify the competent court, which in turn shall proceed to a trial on a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act. |
| (5) |
Where a person fails to raise an objection and pay a fine for negligence within the period pursuant to paragraph (3), the aforementioned fine for negligence shall be collected in the same manner as delinquent national or local taxes are collected. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Time Limit of Application)
Article 20 shall remain in force until December 31, 2011. <Amended by Act No. 11139, Dec. 31, 2011>
Article 3 (Preparation according to Change of Rating Board of Rating Classification Agency)
The Minister of Culture and Tourism may conduct the business affairs necessary for preparation according to the change of the rating classification business system, such as the establishment of the Rating Board, before this Act enters into force.
Article 4 (Transitional Measures concerning Multi-Media Cultural Contents Facilities Providing Business)
A multi-media cultural contents facilities providing business pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act at the time this Act enters into force shall be deemed a business providing Internet computer game facilities under this Act.
Article 5 (Transitional Measures concerning Classification of Rating of Game Products)
| (1) |
Game products rated as permitted for use by persons 12 years old or 15 years old pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act at the time this Act enters into force shall be deemed to have been rated as permitted for use by persons 12 years old or 15 years old pursuant to the amended provisions of Article 21 (2) of this Act: Provided, That game products rated as permitted for use by persons 18 years old shall be classified at the Rating Board pursuant to Article 16 within six months after this Act enters into force. |
| (2) |
The Rating Board may levy a prescribed fee necessary for reclassification on a person who applies for reclassification of rating pursuant to paragraph (1). |
Article 6 (Transitional Measures concerning Business on Report or Registration)
| (1) |
A person who has reported a game producing business or a distributing business pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act at the time this Act enters into force shall be deemed to have reported such under this Act: Provided, That he/she shall be reissued a certificate of report within three months after this Act enters into force, as prescribed by Ordinance of the Ministry of Culture and Tourism. |
| (2) |
A game providing business operator or a combined distribution and game providing business operator who has registered pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act at the time this Act enters into force shall be deemed to have registered under this Act: Provided, That he/she shall be reissued a certificate of registration within three months after this Act enters into force, as prescribed by Ordinance of the Ministry of Culture and Tourism. |
Article 7 (Transitional Measures concerning Devices Indicating Information on Operation of Game Products)
All game products rated pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act at the time this Act enters into force shall attach a device indicating information on the operation of the game product pursuant to Article 33 (2), within six months after this Act enters into force.
Article 8 (Transitional Measures concerning Administrative Disposition and Restrictions on Business)
A person who was or is subject to an administrative disposition, disposition of penalty surcharge or restrictions on business pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act at the time this Act enters into force shall be deemed to be or have been subject to an administrative disposition, disposition of penalty surcharge or restriction on business pursuant to the provisions of this Act.
Article 9 (Transitional Measures concerning Penal Provisions)
Article 10 Omitted.
Article 11 (Relationship with other Acts)
Where the previous Sound Records, Video Products, and Game Software Act or the provisions thereof are cited by other Acts and subordinate statutes at the time this Act enters into force, when the provisions corresponding thereto are in this Act, this Act or the relevant provisions of this Act shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA<Act No. 8247, Jan. 19, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 32 (1) 7 and 44 (1) 2 shall enter into force on the date of its promulgation, the amended provisions of subparagraph 3 of Article 28 shall enter into force on April 29, 2007, and the amended provisions of subparagraphs 5 and 6 of Article 28 shall enter into force nine months after the date of its promulgation respectively.
Article 2 (Transitional Measures concerning Registration)
| (1) |
A game producing business operator or a game distributing business operator who has filed a report pursuant to the previous Article 25 at the time this Act enters into force shall be deemed to have registered as a game producing business operator or a game distributing business operator pursuant to the amended provisions of Article 25: Provided, That he/she shall be delivered a certificate of registration pursuant to the amended provisions of Article 25 within six months after this Act enters into force. |
| (2) |
A person who intends to obtain permission as a general game providing business operator pursuant to the amended provisions of Article 26 among the game providing business operators who have registered pursuant to the previous Article 26 at the time this Act enters into force shall meet the standards thereof and obtain permission within one year after this Act enters into force. |
| (3) |
A person who intends to register as a juvenile game providing business operator pursuant to the amended provisions of Article 26 among the game providing business operators who have registered pursuant to the previous Article 26 at the time this Act enters into force shall meet the standards thereof and register within six months after this Act enters into force. |
| (4) |
A person who conducts a business providing Internet computer game facilities pursuant to the previous provisions at the time this Act enters into force shall meet the standards thereof and register within six months after this Act enters into force. |
ADDENDA<Act No. 8739, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That Article 2 of the Addenda shall apply on October 20, 2007.
Article 2 (Special Cases on Registration of Juvenile Game Providing Business)
| (1) |
A juvenile game room business operator who has filed a report pursuant to Article 26 (2) of the Sound Records, Video Products, and Game Software Act repealed by Act No. 7943 or a game providing business operator who has registered pursuant to the previous Act (referring to the Act previously amended pursuant to the partly amended Game Industry Promotion Act, Act No. 8247; hereinafter the same shall apply) at the time the partly amended Game Industry Promotion Act, Act No. 8247, enters into force may, notwithstanding Article 26 of the same amended Act and Article 2 (3) of the Addenda thereto, register a juvenile game providing business after meeting the standards thereof by May 17, 2008 after this Act enters into force. |
| (2) |
A person who conducts a business providing Internet computer game facilities pursuant to the previous Act at the time the partly amended Game Industry Promotion Act, Act No. 8247, enters into force may, notwithstanding Article 2 (4) of the Addenda to the same amended Act, register after meeting the standards thereof by May 17, 2008 after this Act enters into force. |
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 9928, Jan. 1, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDUM<Act No. 10554, Apr. 5, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 10629, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 10879, Jul. 21, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 11048, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 11139, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 2 of the Addenda to the Game Industry Promotion Act (Act No. 7941) shall apply on the date of its promulgation.
Article 2 (Transitional Measures concerning Appointment and Term of Office of Members)
| (1) |
Pursuant to Article 16 (4), the Minister of Culture, Sports and Tourism shall newly appoint a certain number of members fixed under the amended provisions of Article 16 (3) within three months after this Act enters into force. |
| (2) |
The term of office of the members appointed pursuant to Article 16 (4) as at the time this Act enters into force shall expire on the date prior to the date they are newly appointed pursuant to paragraph (1), notwithstanding Article 16 (5). |
Article 3 (Transitional Measures concerning Entrustment of Affairs)
| (1) |
Notwithstanding the amended provisions of Article 24-2, the previous provisions shall apply to the treatment of ratings of game products which have been applied for as at the time this Act enters into force. |
| (2) |
Notwithstanding the amended provisions of Article 24-2, the previous provisions shall apply to the treatment of game products, the revised contents of which have been reported as at the time this Act enters into force. |
ADDENDA<Act No. 11315, Feb. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
