GAME INDUSTRY PROMOTION ACT

영문법령 불러오는 중…

GAME INDUSTRY PROMOTION ACT — 법갈피

Article 12-2(Prevention of excessive immersion in games) #

(1) In order to prevent excessive immersion in games or speculation, lasciviousness, violence, etc. of game products (hereinafter referred to as "excessive immersion in games, etc.") and to conduct other relevant business, the Government shall formulate and execute the following policies: <Amended on Aug. 8, 2023>

1. Formulation and execution of a master plan for the prevention and medical treatment for excessive immersion in games, etc.;

2. Implementation of fact-finding surveys on excessive immersion in games, etc., and the development of alternative policies;

3. Execution of counseling, education, and public relations for the prevention of excessive immersion in games, etc.;

4. Support for training of professionals for the prevention of excessive immersion in games, etc.;

5. Support for a specialized institution and organization for the prevention of excessive immersion in games, etc.;

6. Other matters determined as policies necessary to prevent excessive immersion in games, etc. by Presidential Decree.

(2) In order to perform the matters provided 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, etc., as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Aug. 8, 2023>

(3) Where necessary to prevent excessive immersion in games, etc., the Minister of Culture, Sports and Tourism may request cooperation from relevant central administrative agencies, local governments, related corporations and organizations, and game products-related business entities, and upon receipt of such request, the agencies, organizations, etc., shall cooperate therewith, except in extenuating circumstances. <Amended on Feb. 29, 2008; Aug. 8, 2023>

(4) In order to prevent excessive immersion in games, etc., game products-related business entities shall cooperate in the formulation and execution of policies provided in paragraph (1).

[This Article Added on Jan. 19, 2007]

Article 12-3(Preventative measures against game overindulgence) #

(1) In order to prevent game overindulgence by users of game products, a game products-related business entity (limited to a person who provides services to make game products available to the public through an information and communications network defined in Article 2 (1) 1 of Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as "information and communications network"); hereafter in this Article the same shall apply)) shall take measures to prevent an excessive use of game products (hereinafter referred to as "preventative measures") including the following: <Amended on Mar. 21, 2023>

1. Verification of real names and ages of users of game products when they join as members and self-authentication;

2. Securing the consent of legal representatives, such as persons having parental authority, when youths join as members;

3. Restriction on method of using game products, time for using game products, etc. when youths themselves or their legal representatives request;

4. Giving notice to youths themselves and their legal representatives concerning the basic matters, such as the characteristics, rating, fee-charging policy of game products provided, and usage details of game products, such as time spent in using game products and information on payment;

5. Placement of a warning notice to prevent excessive use of game products;

6. Indication of details of the passage of time on the screen since a user starts using game products;

7. Other matters prescribed by Presidential Decree to prevent excessive use by users of game products.

(2) Deleted. <Dec. 7, 2021>

(3) Matters necessary for the scope of game products and the methods and procedures, etc. for the preventative measures under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 7, 2021>

(4) The Minister of Culture, Sports and Tourism may request game products-related business entities to submit data related to the preventative measures and to report thereon, as prescribed by Presidential Decree. In such cases, the entities shall comply therewith upon receipt of such request, except in extenuating circumstances. <Amended on Aug. 8, 2023>

(5) Where the Minister of Culture, Sports and Tourism deems that the preventative measures are not adequate after evaluating the data submitted or the details reported by game products-related business entities pursuant to paragraph (4), he or she may order relevant game products-related business entities to take corrective measures.

(6) When game products-related business entities receive a corrective order under paragraph (5), they shall report the results of measures taken to the Minister of Culture, Sports and Tourism within 10 days.

(7) Where the Minister of Culture, Sports and Tourism evaluates the preventative measures pursuant to paragraph (5), he or she may listen to the opinions of the head of a relevant central administrative agency, experts, youths and organizations related to school parents and publicly announce the outcomes of evaluation.

[This Article Added on Jul. 21, 2011]

[Title Amended on Mar. 21, 2023]

Article 16(Game Rating and Administration Committee) #

(1) The Game Rating and Administration Committee (hereinafter referred to as the "GRAC") shall be established to ensure the ethics and public nature of game products, to prevent provocation or encouragement of a spirit of speculation, to protect the youth, and to prevent the distribution of illegal game products. <Amended on Apr. 5, 2011; May 22, 2013>

(2) The GRAC shall deliberate on and decide the following matters: <Amended on Jan. 19, 2007; Dec. 21, 2007; Apr. 5, 2011; Dec. 31, 2011; May 22, 2013; May 29, 2016>

1. Matters concerning the rating classification of game products;

2. Matters concerning ascertainment on harmfulness to the youth;

3. Matters concerning ascertainment on the speculative nature of game products;

4. Matters concerning the post management of the rating, such as ascertainment on production, distribution, or provision for use according to the rating classification of game products;

5. Matters concerning investigations and research to secure objectivity in the rating classification of game products;

5-2. Matters concerning the education under Article 21-3 (1) 7 and education for users of game products and game products related business entities;

6. Matters concerning the enactment, amendment, and repeal of the regulations of the GRAC;

7. Matters concerning applications for the challenge filed by a member pursuant to Article 17-2 (2);

8. Matters as to whether game products, advertising, or publicity materials provided through the information and communications network are subject to a recommendation of correction referred to in Article 38 (7).

(3) The GRAC shall be comprised of no more than nine members, including one chairperson, and the chairperson shall be a standing member. <Amended on Jan. 19, 2007; Dec. 31, 2011; May 22, 2013>

(4) The members of the GRAC shall be commissioned by the Minister of Culture, Sports and Tourism upon recommendations by the heads of organizations prescribed by Presidential Decree, taking into consideration gender and others prescribed by Presidential Decree, from among those who are engaged in the fields of culture and arts, cultural industry, youth, law, education, press, information and communications, and history, or who are engaged in non-profit and non-governmental organizations under the Assistance for Non-Profit, Non-Governmental Organizations Act, who have expertise and experiences in the game industry, children, or youth; and the chairperson of the GRAC shall be elected from among the members. <Amended on May 22, 2013; Mar. 21, 2023>

(5) The term of office of the chairperson and members shall be three years.

(6) Where necessary to efficiently perform the affairs of the GRAC, the subcommittees may be established. <Added on Jan. 19, 2007; May 22, 2013>

(7) Matters necessary to organize and operate the GRAC shall be prescribed by the regulations of the GRAC. <Amended on Jan. 19, 2007; May 22, 2013>

[Title Amended on May 22, 2013]

Article 21(Rating classification) #

(1) A person who intends to produce or distribute game products for the purpose of circulating or making the game products available for use shall receive a rating classification for the content of game products from the GRAC or business entities designated pursuant to Article 21-2 (1), before producing or distributing the game products; provided, the foregoing shall not apply to any of the following game products: <Amended on Jan. 19, 2007; Apr. 5, 2011; May 22, 2013; May 29, 2016; Dec. 20, 2016; Dec. 8, 2020; Aug. 8, 2023>

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 subject matters, standards, and procedures prescribed by Presidential Decree as game products for testing to evaluate performance, safety, and a level of user satisfaction, etc., in the process of developing game products;

4. Game products prescribed by Presidential Decree which are produced and distributed for non-profit purposes; provided, game products including the content meeting the criteria for the age rating that is not permitted for use by youths under paragraph (2) 4 shall be excluded herefrom.

(2) The ratings of game products shall be as follows: <Amended on Jan. 19, 2007>

1. Permitted for use by all: Game products which can be used by anyone;

2. Permitted for use by 12 year olds: Game products which cannot be used by those under 12 years of age;

3. Permitted for use by 15 year olds: Game products which cannot be used by those under 15 years of age;

4. Not permitted for use by youths: Game products which cannot be used by youths.

(3) Notwithstanding paragraph (2), game products provided to a youth 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 youths. <Added on Jan. 19, 2007; Aug. 8, 2023>

(4) The GRAC shall ascertain whether a game product for which an application for the rating classification is filed is a speculative game product. <Amended on Jan. 19, 2007; May 22, 2013>

(5) Where the content of a game product that has received a rating classification is changed, the change shall be reported to the GRAC in advance or within 24 hours after the change, as prescribed by Decree of the Ministry of Culture, Sports and Tourism; provided, this shall not apply where the changed content clearly does not affect the previous decision of rating classification under paragraph (1) (including information on game content), or where the change is minor as prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Added on Jan. 19, 2007; Feb. 29, 2008; May 22, 2013; Aug. 8, 2023; Apr. 8, 2025>

(6) Notwithstanding the proviso of paragraph (5), in cases of changing any of the following game products, it shall be reported to the GRAC in advance or within 24 hours after such change. <Added on Apr. 8, 2025>

(7) If the GRAC determines that the changed content reported under paragraph (5) is significant enough to revise the rating, it shall notify the relevant party within 7 days from the date of receipt of the report that the game is subject to reclassification, and deeming the relevant game as a new game, shall take measures so that the relevant game receives a new rating classification in accordance with the procedures prescribed by the Regulation of the GRAC.

2. Game products that do not provide any financial gain or loss depending on the results of the game, but fall under any item of subparagraph 1-2 of the Article 2.

(8) A person who files a report before changing the game content under paragraph (5) shall submit the changed game content to the GRAC as prescribed by Decree of the Ministry of Culture, Sports and Tourism, so that the GRAC may verify whether the game content has been changed identically to the reported content. <Added on Apr. 8, 2025>

(9) If the extent of change is significant enough to require a revision of the rating under paragraphs (5) through (8), but a new rating classification is not granted or the game is provided inconsistently with the classified content, the GRAC may ex officio conduct an investigation or reclassify the rating, upon application by the game provider or game distributor. <Added on Jan. 19, 2007; May. 22, 2013; Aug. 8, 2023; Apr. 8, 2025>

(10) Necessary matters related to the standards for rating classification under paragraphs (1) and (2) and the standards for verification of speculative nature under paragraph (4) shall be prescribed by Decree of the Ministry of Culture, Sports and Tourism. <Amended on Jan. 19, 2007; Feb. 29, 2008; May. 22, 2013; Apr. 8, 2025>

(11) The GRAC may conduct technical deliberation to verify whether the game products are speculative, etc., as prescribed by Presidential Decree. <Added on Jan. 19, 2007; May. 22, 2013; Aug. 8, 2023; Apr. 8, 2025>

(12) If the rating classification decision made by an agency entrusted with rating classification affairs under Article 24-2 (hereinafter referred to as "rating classification agency") fails to meet the standards for rating classification under paragraph (10), the GRAC may conduct rating classification ex officio. <Added on Dec. 31, 2011; May. 22, 2013; May. 29, 2016; Apr. 8, 2025>

Article 21-2(Designation of independent rating classification business entities) #

(1) The Minister of Culture, Sports and Tourism may designate a business entity allowed to conduct independent rating classification for a fixed period not exceeding three years among the business entities fulfilling the requirements referred to in paragraph (2) after examining the following matters. In such cases, the Minister of Culture, Sports and Tourism may designate it by adding conditions regarding the business operation:

1. Propriety of the plan for operating independent rating classification affairs;

2. Deleted. <Apr. 8, 2025>

(2) Business entities shall meet the following requirements to be designated pursuant to paragraph (1): <Amended on Apr. 8, 2025>

1. It shall be any of the following corporations:

(a) A person engaged in the business of game development, game distribution, or game provision (including a person who provides game products through an information and communications network under the proviso of Article 26 (2) and who has filed a report or completed registration in accordance with the Telecommunications Business Act), whose average sales revenue or capital over the past 3 years is equal to or greater than the amount prescribed by Decree of the Ministry of Culture, Sports and Tourism;

(b) A public institution or non-profit corporation under the Act on the Management of Public Institutions, conducting affairs relevant to the promotion of the game industry and game culture;

(c) A CATV broadcasting business entity or satellite broadcasting business entity under the Broadcasting Act or an Internet multimedia broadcast service provider under the Internet Multimedia Broadcast Services Act;

2. It shall have a person in charge of rating classification who is able to conduct an independent rating classification (referring to an executive officer of a corporation intending to be designated or a person who is the head of the department in charge of the affairs relevant to rating classification) and human resources exclusively for rating classification (including persons who concluded a business consignment agreement);

3. It shall appoint at least two experts, other than its employees, who present their advice on the propriety of rating classification of game products falling under paragraph 3 (2);

4. It shall establish an on-line business handling system (including functions linked to the system of the GRAC) to conduct affairs of independent rating classification;

5. There has been no finalized business suspension or more severe administrative sanction or crime punishable by fine or more severe punishment in violation of this Act for the recent three years.

(3) The game products, rating classification of which may be conducted by the business entity designated pursuant to paragraph (1) (hereinafter referred to as "independent rating classification business entity") shall be as follows; provided, it shall not apply to the game products falling under Article 21 (2) 4 or provided to general game providing business or youth game providing business:

1. Game products (including those provided by cloud computing service under subparagraph 3 of Article 2 of the Act on the Development of Cloud Computing and Protection of Its Users) which are available after a contract for providing or mediating them is concluded (hereinafter referred to as "mediation contract"; excluding contracts only for sharing information on subscribers);

2. Game products manufactured by independent rating classification business entities.

(4) The affairs of rating classification that may be conducted by independent rating classification business entities shall be as follows: <Amended on Apr. 8, 2025>

1. Determination and notification of rating classification under the main clause, with the exception of the subparagraphs, of Article 21 (1);

2. Accepting reports on revised contents, notifying persons subject to rating reclassification, and taking measures pursuant to Article 21 (5) through (8).

(5) Matters regarding the procedure necessary for the designation pursuant to paragraph (1) (including the re-designation pursuant to Article 21-6) and the details regarding the requirements for a business entity pursuant to paragraph (2) 2 through 5 shall be prescribed by Decree of the Ministry of the Culture, Sports and Tourism.

[This Article Added on May 29, 2016]

Article 21-3(Matters to be observed by independent rating classification business entities) #

(1) An independent rating classification business entity shall observe the following: <Amended on Aug. 8, 2023; Apr. 8, 2025>

1. He or she shall independently conduct a rating classification according to the standards for rating classification pursuant to Article 21 (10) or separate standards for which an agreement is made with the GRAC (including the methods of indicating ratings); provided, this shall not apply to game products falling under Article 21 (2) 4 in accordance with the standards for rating classification prescribed by Article 21 (10);

2. He or she shall have a business entity, who has concluded a mediation contract, indicate the result of rating classification under subparagraph 1; provided, this shall not apply to the cases of rating classification pursuant to Article 21-5 (1);

3. For game products falling under the grounds prescribed by Article 22 (2), he or she shall not provide a rating classification service and shall notify such fact to the GRAC;

4. He or she shall confirm the propriety of rating indication under subparagraph 1 and the services following it by the end date of a mediation contract, and notify such fact to the GRAC within five business days after the mediation contract is terminated;

5. He or she shall maintain a system linkage under Article 21-2 (2) 4 to ensure that the determination on rating classification (including the matters regarding the information on the contents of game products) set forth in Article 21 (1) and the matters of report on contents revision under paragraphs (5) through (8) of the same Article are notified to the GRAC within five business days;

6. He or she shall implement the measures referred to in Articles 21-8 (3) and 21-9 (2) and notify the results of the implementation of such measures to the GRAC;

7. Persons in charge of rating classification and human resources exclusively for rating classification shall receive education necessary for affairs on rating classification conducted by the GRAC at least four times annually, as prescribed by Decree of the Ministry of the Culture, Sports and Tourism;

8. He or she shall comply with the GRAC’s request for submission of data related to the affairs regarding rating classification;

9. He or she shall submit the activity report of the experts commissioned pursuant to Article 21-2 (2) 3 to the GRAC one month before an evaluation is conducted pursuant to subparagraph 10;

10. He or she shall be evaluated by the GRAC for the propriety of conducting affairs regarding independent rating classification not less than once a year as prescribed by Decree of the Ministry of Culture, Sports and Tourism, and implement the improvement measures following the evaluation; provided, in the year in which a re-designation examination is administered upon application for re-designation, the evaluation of appropriateness of performance of affairs related to independent rating classification may be substituted by the re-designation examination;

11. He or she shall not discriminate against the game products referred to in Article 21-2 (3) 1 and those stipulated in subparagraph 2 of the same paragraph when conducting the affairs under Article 21-2 (4);

12. He or she shall observe other matters necessary for maintaining, etc. propriety of the affairs on independent rating classification, prescribed by Decree of the Ministry of the Culture, Sports and Tourism.

(2) A game products-related business entity who has concluded a mediation contract shall observe the following:

1. He or she shall cooperate with the measures taken by an independent rating classification business entity to observe the matters under paragraph (1) 1 through 4, 6, 8, 10, and 12;

2. Where the game products rated pursuant to paragraph (1) 1 are distributed by persons other than independent rating classification business entities, he or she shall notify the GRAC of such fact.

(3) The GRAC shall confirm the propriety of rating indication and the services following it for the game products for which the mediation contract is terminated or which are distributed pursuant to paragraph (2) 2.

(4) Where a business entity distributes game products rated pursuant to paragraph (1) 1 by persons other than independent rating classification business entities after the termination of the mediation contract, he or she shall file a report pursuant to Article 21 (5) through (8) with the GRAC where any change is made to game products contents. In such cases, the GRAC shall consider the game product, for which the report on contents revision is made, as a new one and take measures for it to be newly rated according to the procedures prescribed by the regulations of the GRAC. <Amended on Aug. 8, 2023; Apr. 8, 2025>

[This Article Added on May 29, 2016]

Article 21-10(Simplification of procedures for rating classification) #

(1) Where a person who intends to distribute or provide for use game products files an application for the rating classification pursuant to Article 21 (1), the GRAC may allow the rating classification to be conducted through an on-line business handling system established by the GRAC and a rating classification agency or through its linked system (hereinafter referred to as "rating classification system"); provided, game products that are specified in Article 21 (2) 4 or that are provided to youth game providing business or general game providing business shall be excluded herefrom.

(2) A person who files an application for the rating classification through a rating classification system pursuant to paragraph (1) (hereinafter referred to as "applicant for system rating classification") shall enter the main content of the relevant game products, rating-related data, and the results of rating classification into the rating classification system.

(3) Where the GRAC and a rating classification agency deem that the results of rating classification in regard to an applicant for system rating classification fail to meet the standards for rating classification under Article 21 (10) or are subject to the refusal of rating classification under Article 22 (2), they may determine a rating classification ex officio or cancel the rating classification results. <Amended on Apr. 8, 2025>

(4) Where the GRAC and a rating classification agency determine a rating classification ex officio or cancel the rating classification results pursuant to paragraph (3), they shall notify the relevant applicant for system rating classification of the determination without delay.

(5) The GRAC and a rating classification agency may request an applicant for system rating classification to submit related data where they deem it necessary for the addition or supplementation of data entered under paragraph (2) or for an examination as to whether the results of rating classification meet the standards for rating classification under paragraph (3).

(6) Matters necessary for the procedures for determination or cancellation of rating classification ex officio under paragraph (3), the procedures for notification under paragraph (4), and the request for submission of data under paragraph (5) shall be prescribed by Decree of the Ministry of the Culture, Sports and Tourism.

[This Article Added on Dec. 8, 2020]

Article 22(Refusal of rating classification and notice) #

(1) Where necessary to conduct activities under Article 16 (2) 1 through 4, the GRAC may request a person who applies for rating classification to submit data necessary for the rating examination. <Amended on Apr. 5, 2011; May 22, 2013>

(2) The GRAC may refuse to assign a rating classification to any person who applies for a rating classification of any activity or apparatus subject to regulation or punishment under the provisions of other statutes, such as the Act on Special Cases concerning Regulation and Punishment of Speculative Acts and the Criminal Act, or under this Act, any person who applies for a rating classification without justifiable title, or by fraud or other improper means, or any person who applies for a rating classification of game products that constitute speculative game products. <Amended on Jan. 19, 2007; May 22, 2013; Aug. 8, 2023>

(3) Where the GRAC has determined to classify ratings, it shall deliver the following documents to an applicant, and where it has decided to refuse rating classification because the game products are speculative game products, it shall deliver to an applicant, without delay, the documents into which the contents of a decision and the reasons therefor are entered: <Amended on Jan. 19, 2007; May 22, 2013; Dec. 11, 2018>

1. A rating classification certificate stating the relevant rating of the game product;

2. Documents stating duties to be fulfilled according to the rating classification;

3. Documents stating the information on the contents of the game product.

(4) If the GRAC becomes aware of the fact that a game product which has received a rating classification is subject to a refusal of rating classification provided in paragraph (2), it shall revoke the rating classification decision without delay. <Amended on Jan. 19, 2007; May 22, 2013>

(5) Necessary matters concerning the standards, procedures for, and methods of, a request for presentation of data, rating classification decisions, refusal decisions on rating classification and procedures for decisions on speculative game products, delivery of a rating classification certificate and matters, etc. to be included in information about the contents of game products, provided in paragraphs (1) through (3), shall be prescribed by Decree of the Ministry of the Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Dec. 11, 2018; Aug. 8, 2023>

Article 24-2(Entrustment of duties related to rating classification) #

(1) The GRAC may entrust the following affairs to a 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, for a fixed period not exceeding 5 years; provided, the affairs related to game products provided to the juvenile game providing business and general game providing business and the affairs related to game products that do not cause proprietary gains or losses based on the results of games but fall under any item of subparagraph 1-2 of Article 2 shall be excluded herefrom: <Amended on May. 22, 2013; Apr. 8, 2025>

1. Deciding on a rating classification pursuant to the main clause of Article 21 (1);

2. Accepting reports on revised contents, notifying persons subject to rating reclassification, and taking measures pursuant to Article 21 (5) through (8).

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. Deciding to refuse a rating classification pursuant to Article 22 (2) (excluding speculative game products);

5. Delivering documents related to rating classification decisions pursuant to Article 22 (3);

6. Revoking rating classification decisions pursuant to Article 22 (4).

(2) The Minister of Culture, Sports and Tourism shall evaluate whether a rating classification agency has performed its duties in a proper manner at least six months before the expiration of the entrustment period referred to in paragraph (1), as prescribed by Presidential Decree. <Added on May 22, 2013; Aug. 8, 2023>

(3) The GRAC may re-entrust its duties to a rating classification agency which is determined to be proper in an evaluation conducted under paragraph (2), for a fixed period of not more than five years. <Added on May 22, 2013>

[This Article Added on Dec. 31, 2011]

[Title Amended on May 22, 2013]

Article 25(Registration of game producing business) #

(1) A person who intends to conduct game producing business or game distributing business shall register with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Decree of the Ministry of the Culture, Sports and Tourism; provided, such business may be conducted without registration, in any of the following cases: <Amended on Jan. 19, 2007; Feb. 29, 2008; Feb. 21, 2018; Aug. 8, 2023>

1. Where the State or a local government produces game products;

2. Where an educational or training institution established pursuant to statutes or regulations produces game products to be used for purposes of in-house education or training;

3. Where a public institution prescribed in Article 4 of the Act on the Management of Public Institutions produces game products for use in the public relations related to its business;

4. Other cases prescribed by Presidential Decree, such as where a person produces game apparatus that cannot be used to play a game by itself.

(2) Where a person registered pursuant to paragraph (1) intends to modify important matters prescribed by Decree of the Ministry of the Culture, Sports and Tourism, he or she shall register such modifications. <Amended on Jan. 19, 2007; Feb. 29, 2008; Aug. 8, 2023>

(3) Within 15 days from the date the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives an application for registration of modification under paragraph (2), he or she shall notify the applicant whether the modification is to be registered. <Added on Dec. 11, 2018>

(4) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the applicant whether modification is to be registered within the period prescribed in paragraph (3) or to notify the applicant of the extension of the period to handle civil petitions under the statutes or regulations governing civil petitions, the modification shall be deemed registered on the day following the date the period (where the handling period is extended or re-extended pursuant to the statutes or regulations governing civil petitions, referring to the relevant handling period) expires. <Added on Dec. 11, 2018>

(5) Where registration or the registration of modification is made pursuant to paragraph (1) or (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall deliver a certificate of registration to the applicant. <Amended on Jan. 19, 2007; Feb. 21, 2018; Dec. 11, 2018; Aug. 8, 2023>

(6) Necessary matters concerning the procedures for registration and for the registration of modification, the methods thereof, delivery of certificates of registration, etc. under paragraphs (1) through (5) shall be prescribed by Decree of the Ministry of the Culture, Sports and Tourism. <Amended on Jan. 19, 2007; Feb. 29, 2008; Dec. 11, 2018>

[Title Amended on Jan. 19, 2007]

Article 26(Permission to conduct game providing business) #

(1) A person who intends to engage in general game providing business may conduct such business with permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu regarding the standards and procedures for such permission, as prescribed by Presidential Decree; provided, such business shall not be located in a residential area referred to in Article 36 (1) 1 (a) of the National Land Planning and Utilization Act. <Added on Jan. 19, 2007; Feb. 3, 2016; Feb. 21, 2018; Aug. 8, 2023>

(2) A person who intends to conduct youth game providing business or business of providing Internet computer game facilities shall provide facilities prescribed by Decree of the Ministry of the Culture, Sports and Tourism and register with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu; provided, where a person who provides game products through the information and communications network has reported or registered his or her business pursuant to the Telecommunications Business Act, he or she shall be deemed to have registered under this Act. <Amended on Jan. 19, 2007; Feb. 29, 2008; Feb. 21, 2018; Dec. 24, 2018; Aug. 8, 2023>

(3) A person who intends to conduct combined distribution and game providing business shall register with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Decree of the Ministry of the Culture, Sports and Tourism; provided, where a person who has registered youth game providing business or business of providing Internet computer game facilities pursuant to paragraph (2) intends to conduct combined distribution and game providing business, he or she shall report such to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Jan. 19, 2007; Feb. 29, 2008; Feb. 3, 2016; Feb. 21, 2018; Aug. 8, 2023>

(4) Where a person who has obtained permission, registered, or reported pursuant to paragraphs (1) through (3) intends to modify important matters prescribed by Decree of the Ministry of the Culture, Sports and Tourism, he or she shall obtain permission for modification or register or report modification. <Amended on Jan. 19, 2007; Feb. 29, 2008; Aug. 8, 2023>

(5) Within 15 days from the date the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives a report under the proviso of paragraph (3), an application for permission for modification or for registration of modification, or a report on modification under paragraph (4), he or she shall notify the applicant whether the report is to be accepted, or whether permission for modification or registration of modification is to be granted or made, or whether the report on modification is to be accepted. <Added on Dec. 11, 2018>

(6) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the applicant whether a report is to be accepted, or whether permission for modification or registration of modification is to be granted or made, or a report on modification is to be accepted within the period prescribed in paragraph (5), or to notify the applicant of the extension of the period to handle civil petitions under the statutes or regulations governing civil petitions, he or she shall be deemed to have accepted the report, granted permission for modification, made registration of modification or accepted the report on modification on the day following the date the period (where the handling period is extended or re-extended pursuant to the statutes or regulations governing civil petitions, referring to the relevant handling period) expires. <Added on Dec. 11, 2018>

(7) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu grants permission or permission for modification, makes registration or registration of modification, or receives a report or a report on modification pursuant to paragraphs (1) through (4) (including where he or she is deemed to have accepted a report, or granted permission for modification, made registration of modification, or accepted a report on modification pursuant to paragraphs (6)), he or she shall deliver a certificate of permission, a certificate of registration, or a certificate of report to the applicant, as prescribed by Decree of the Ministry of the Culture, Sports and Tourism. <Amended on Jan. 19, 2007; Feb. 29, 2008; Feb. 21, 2018; Dec. 11, 2018>

[Title Amended on Jan. 19, 2007]

Article 28(Matters to be observed by game products-related business entities) #

(1) A game products-related business entity shall observe the following matters: <Amended on Jan. 19, 2007; Feb. 29, 2008; Apr. 5, 2011; Feb. 3, 2016; Mar. 21, 2023; Aug. 8, 2023; Oct. 22, 2024>

1. He or she shall receive education concerning distribution order pursuant to Article 9 (3);

2. He or 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 or she shall not promote speculation through operation method or apparatus, device, etc. closely related to the realization of the contents of game products by making a unit of currency used in games similar to that issued by the Bank of Korea, etc.;

3. He or she shall not promote speculation by offering free gifts, etc.; provided, the foregoing shall not apply to the types of free gifts (toys, stationery, etc.; provided, cash, gift certificates, and securities shall be excluded herefrom), criteria for provision, method of offering free gifts, etc., prescribed by Presidential Decree on game products permitted for use by all of youth game providing business;

4. A person who conducts youth game providing business under subparagraph 6-2 (a) of Article 2 shall not provide game products not permitted for use by youths;

5. A person who conducts general game providing business under subparagraph 6-2 (b) of Article 2 or combined distribution and game providing business under subparagraph 8 of Article 2 (excluding where the access by youths is allowed pursuant to the Youth Protection Act) shall not admit youths to a game room;

5-2. A person who conducts business of providing Internet computer game facilities shall not allow its users to use game products in violation of the rating classification under the subparagraphs of Article 21 (2);

6. He or she shall install a program or device for blocking obscene materials and speculative game products, as notified by the Minister of Culture, Sports and Tourism in game products and computer facilities, etc.; provided, 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 or she shall observe business hours and hours for admitting youths prescribed by Presidential Decree;

8. He or she shall observe other matters prescribed by Presidential Decree as necessary for maintaining business order, etc.

(2) A game product-related business entity may, if necessary to comply with the matters related to access hours for youth among matters referred to in paragraph (1) 5 and 5-2 and subparagraph 7 of that paragraph, request that entrants or users present a resident registration card (including a mobile resident registration card) or other identification verifying their age, and the business entity may restrict access to the game facility for any person who refuses to present such identification without a justifiable reason. <Added on Oct. 22, 2024>

Article 29(Succession to business) #

(1) When a business entity who has obtained permission pursuant to Article 25 or 26, or any business entity who has registered or reported pursuant to Article 26, transfers his or 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 entity's position. <Amended on Jan. 19, 2007; Aug. 8, 2023>

(2) Where a person whose permission, registration, or report is revoked as the results of a business closure report pursuant to Article 30 intends to re-obtain permission, register, or report within one year in the same category of business at the place where his or her business was closed, the relevant business entity shall succeed to a business entity's position before filing a business closure report. <Amended on Jan. 19, 2007; Dec. 20, 2016; Aug. 8, 2023>

(3) A person who acquires the whole facilities and apparatus (referring to main facilities and apparatus prescribed by Presidential Decree) of a business entity through an auction held under the Civil Execution Act; conversion made under the Debtor Rehabilitation and Bankruptcy Act; sale of seized property conducted under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act; and other procedures corresponding thereto shall succeed to such business entity's position. <Amended on Mar. 31, 2010; Dec. 27, 2016; Aug. 8, 2023>

(4) A person who succeeds to a business entity's position pursuant to paragraphs (1) through (3) shall report such fact to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Jan. 19, 2007; Feb. 21, 2018; Aug. 8, 2023>

(5) Within 15 days from the date the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives a report under paragraph (4), he or she shall notify the applicant whether the report is accepted. <Added on Dec. 11, 2018>

(6) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the applicant whether a report is to be accepted within the period prescribed in paragraph (5) or to notify the applicant of the extension of the period to handle petitions under the statutes or regulations governing civil petitions, the report shall be deemed accepted on the day following the date the period (where the handling period is extended or re-extended pursuant to the statutes or regulations governing civil petitions, referring to the relevant handling period) expires. <Added on Dec. 11, 2018>

Article 30(Closure of business and ex officio cancellation) #

(1) When a person who has obtained permission, registration, or filed a report pursuant to Article 25 or 26 closes his/her business, he or she shall file a report on business closure with the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu within 30 days from the date of closure, as prescribed by Decree of the Ministry of Culture, Sports and Tourism; provided, he or she shall not file a report on business closure during the period of an administrative disciplinary disposition, such as suspension of business under Articles 35, 36, and 38, and the period during which the procedure for such disposition is in progress (referring to the period from the time of prior notice of disposition under Article 21 of the Administrative Procedures Act until the disposition is finalized). <Amended on Jan. 19, 2007; Feb. 29, 2008; Feb. 21, 2018; Aug. 8, 2023; Apr. 8, 2025>

(2) With regard to a person who fails to report business closure pursuant to paragraph (1), the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may cancel the matters permitted, registered or reported ex officio after ascertaining whether he or she has closed his or her business, as prescribed by Decree of the Ministry of the Culture, Sports and Tourism. <Amended on Jan. 19, 2007; Feb. 29, 2008; Feb. 21, 2018; Aug. 8, 2023>

(3) If it is necessary for ex officio cancellation under paragraph (2), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of the competent tax office to provide information on whether a person who has obtained license, completed registration, of filed a report under Article 25 or 26 has filed a report on business closure or whether his or her business registration has been canceled. In such cases, the head of the competent tax office upon receipt of such request shall provide information thereon under Article 36 (1) of the Electronic Government Act. <Added on Apr. 8, 2025>

Article 31(Post management) #

(1) For the fair ratings classification 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 post management affairs relevant to the game products distribution of the GRAC, a rating classification agency, and game products-related business entities observe this Act, as prescribed by Decree of the Ministry of the Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Dec. 31, 2011; May 22, 2013; Feb. 3, 2016; Aug. 8, 2023>

(2) When deemed necessary for the following purposes, the Minister of Culture, Sports and Tourism, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, the Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), or the head of a Si/Gun/Gu may have game products-related business entities to file a necessary report or allow a relevant public official to have access to the place of business of a game providing business or a business of providing Internet computer game facilities, etc. to conduct necessary investigations or inspect documents: <Amended on Apr. 5, 2011; Feb. 21, 2018>

1. Establishment of distribution order of game products;

2. Prevention of use of game products in speculative activities;

3. Prevention of encouragement 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 status reports on game products-related business entities to the Minister of Culture, Sports and Tourism, the Minister of the Interior and Safety, 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. <Added on Jan. 19, 2007; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Aug. 8, 2023>

(4) A relevant public official who has such access and performs inspections pursuant to paragraph (2) shall carry an identification indicating his or her authority and show it to interested persons.

Article 32(Prohibition of distribution of illegal game products) #

(1) No one shall conduct any of the following activities hindering the good distribution order of game products; provided, in the cases specified in subparagraph 4, a person who conducts speculative business pursuant to Act on Special Cases concerning Regulation and Punishment of Speculative Acts shall be excluded herefrom: <Amended on Jan. 19, 2007; Apr. 5, 2011; Dec. 20, 2016; Dec. 11, 2018; Dec. 24, 2018; Dec. 8, 2020; Mar. 21, 2023; Aug. 8, 2023>

1. Providing game products that are not rated pursuant to Article 21 (1) or 21-10 (1) for circulation or use, or displaying or keeping the same for such purposes;

2. Providing game products which have different content from the content rated pursuant to Articles 21 (1) or 21-10 (1) for distribution or use, or displaying or keeping the same for such purposes;

3. Providing rated game products for use, in violation of the ratings classification referred to in the subparagraphs of Article 21 (2);

4. Distributing or providing a game product the rating classification of which has been refused because it constitutes a speculative game product pursuant to Article 22 (2), or displaying or keeping the product for the purpose of providing for distribution or use;

5. Buying, selling, donating, or lending a rating classification certificate obtained pursuant to Article 22 (3) 1;

6. Providing game products for the circulation or use of them which fail to label information, such as rating and content, or to attach devices indicating information on the operation of the game products, in violation of Article 33 (1) or (3);

7. Making a business of converting into money or intermediating such conversion 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 entity for the purpose of disturbing normal operation of game products, or producing them for their distribution;

9. Producing, distributing, providing, or intermediating game products not provided or approved by game products-related business entities;

10. Producing or circulating computer programs, apparatus, or devices for the purpose of conducting any of the illegal activities specified in subparagraph 9;

11. Disturbing the normal operation of game products by conducting business of intermediating or providing services of scoring points or attaining achievements, etc. in game products instead of players by means not approved by game products-related business entities.

(2) No one shall produce or bring in any of the following game products:

1. Game products that can substantially erode the national identity by describing antinational acts or distorting historical facts;

2. Game products that can undermine good customs by destroying family moral, such as assault on, homicide, etc. of a familial ascendant or descendant;

3. Game products that can disturb good social order, such as instigating criminal mentality or imitation mentality, by excessively describing a crime, violence, lewdness, etc.

Article 33-2(Liability for damages for violations of obligation to indicate probabilistic items) #

(1) Where a person who produces, distributes, or provides game products for the purpose of distributing game products or providing them for use (hereafter referred to as "game products business entity" in this Article) causes damages to users of game products by not indicating the types of probabilistic items and information on the probability of supply by type of probabilistic items, or by falsely indicating them (hereafter referred to as "violation of the duty to indicate probability-based items" in this Article) in violation of Article 33 (2), he or she shall be liable for damages to the users of the relevant game products; provided, the foregoing shall not apply where the game products business entity proves that such damages have not been caused by intention or negligence.

(2) Where the court acknowledges that damage has occurred due to a violation of the obligation to indicate probabilistic items, but it is extremely difficult to prove the facts necessary to substantiate the amount of such damages due to the nature of the relevant facts, the court may determine a reasonable amount of damages by comprehensively considering all relevant circumstances based on the purport of the entire pleadings and the results of evidence examination.

(3) Where the court finds that the violation of the obligation to indicate probabilistic items was intentional, the court may determine the amount of compensation up to 3 times the amount recognized as damages under paragraph (2).

(4) The court shall take into account the following matters in determining the amount of compensation under paragraph (3):

1. The degree of intent or awareness of the potential for harm;

2. The amount of damage suffered by game product users due to the violation of the obligation to indicate probabilistic items;

3. Economic benefits acquired by a game product business entity due to a violation of the obligation to indicate probabilistic items;

4. The period, frequency, etc. of the violation of obligation to indicate probabilistic items;

5. Fines and penalty surcharges for the violation of the obligation to indicate probabilistic items;

6. The degree of remedial efforts undertaken by the game product business entity.

(5) The Minister of Culture, Sports and Tourism may operate a reporting and damage relief center, as prescribed by Presidential Decree, to support the remedy of damages suffered by game users caused by violations of Article 33 (2).

[This Article Added on Jan. 31, 2025]

Article 35(Revocation of permission) #

(1) When a person who has registered game producing business or game distributing business pursuant to Article 25 (1) falls under any of the following, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may order him or her to suspend his or her business operations or close his or her business for a fixed period not exceeding six months; provided, when he or she falls under subparagraph 1 or 2, the head of a Si/Gun/Gu shall order him or her to close his or her business: <Amended on Jan. 19, 2007; Feb. 21, 2018; Aug. 8, 2023>

1. When he or she has filed for registration by fraud or other improper means;

2. When he or she continues to conduct business in violation of an order for suspension of business operations;

3. When he or she fails to register modification in violation of Article 25 (2);

4. Where it breaches any matter to be observed referred to in Article 28;

5. A person who violates a duty of prohibition of distribution of illegal game products, etc., pursuant to Article 32.

(2) When a person who has obtained permission, registered or reported on the game providing business, business of providing Internet computer game facilities, or combined distribution and game providing business pursuant to Article 26 (excluding a person who has registered game providing business through the information and communications network pursuant to Article 26 (2)) falls under any of the following subparagraphs, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order the suspension of business, closure of business, or revocation of the permission or registration of business for a specified period of not exceeding six months; provided, if such person falls under subparagraph 1 or 2, an order of the revocation of permission or registration or the closure of business shall be issued; and if a person who is specified in subparagraph 5 and falls under paragraph (1) 4 for violations of matters to be observed under Article 28 (1) 5, 5-2, or 7, for whom the circumstances are deemed to exist where the person failed to know the real age of the relevant youth because the youth counterfeited, altered, or illegally used the identification card or failed to identify the age of the relevant youth due to violence or intimidation, the relevant administrative disposition may be exempted as prescribed by Decree of the Ministry of Culture, Sports, and Tourism: <Amended on Jan. 19, 2007; Feb. 21, 2018; Nov. 26, 2019; Mar. 21, 2023; Aug. 8, 2023; Oct. 22, 2024>

1. When he or she has obtained permission, filed for registration, or filed a report by fraud or other improper means;

2. When he or she continues to conduct business in violation of an order for suspension of business operations;

3. When he or she fails to meet the standards for permission or registration under Article 26 (1) through (3);

4. When he or she fails to obtain permission for modification, or fails to file for registration of modification or file a report of modification under Article 26 (4);

5. When he or she falls under paragraph (1) 4 and 5.

(3) Where a person who has filed for registration of game providing business through the information and communications network pursuant to Article 26 (2) falls under any of the following, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall order the suspension of all or part of the business for a fixed period not exceeding six months, or the revocation of registration of or the closure of such business ; provided, in the case of subparagraph 1 or 2, an order shall be issued for the revocation of registration of or the closure of the business: <Added on Nov. 26, 2019>

1. When he or she has filed for registration by fraud or other improper means;

2. When he or she continues to conduct business in violation of an order for suspension of business operations;

3. When he or she fails to meet the standards for registration under Article 26 (2);

4. When he or she fails to file for registration of modification under Article 26 (4);

5. When he or she falls under paragraph (1) 4 and 5.

(4) A person who has received a business closure order or is subject to a disposition of revocation of permission or registration pursuant to paragraph (1) through (3) shall return a certificate of permission, a certificate of registration, or a certificate of report within seven days from the date he or she receives notice of such disposition. <Amended on Jan. 19, 2007; Nov. 26, 2019; Aug. 8, 2023>

(5) Detailed standards for administrative disposition referred to paragraphs (1) through (3) shall be prescribed by Decree of the Ministry of the Culture, Sports and Tourism in consideration of the types and degrees, etc. of such offenses. <Amended on Feb. 29, 2008; Nov. 26, 2019; Aug. 8, 2023>

[Title Amended on Jan. 19, 2007]

Article 36(Imposition of penalty surcharges) #

(1) Where a game products-related business entity is subject to a disposition of business suspension because he or she falls under any of the following subparagraphs, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may impose a penalty surcharge not exceeding one billion won in lieu of such disposition of business suspension; provided, subparagraph 3 shall apply limited to a person who has registered the game providing business through the information and communications network pursuant to Article 26 (2): <Amended on Jan. 19, 2007; Feb. 21, 2018; Nov. 26, 2019; Mar. 21, 2023; Aug. 8, 2023; Oct. 22, 2024>

1. When he or she fails to meet the standards for permission or registration pursuant to Article 26 (1) and (2) or the main clause of Article 26 (3);

2. When he or she violates matters to be observed under subparagraphs 4, 5, 5-2, and 6 through 8 of Article 28 (1);

3. When he or she violates a duty of prohibition of distribution under Article 32 (1) 2.

(2) The Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall use an amount equivalent to the amount collected as penalty surcharges pursuant to paragraph (1) for the following purposes and annually formulate and execute a plan for use of penalty surcharges for the next year: <Amended on Jan. 19, 2007; Feb. 21, 2018; Aug. 8, 2023>

1. Production and distribution of healthy game products;

2. Creating a healthy game room environment and improvement of harmful environments;

3. Support for exemplary places of business;

4. Support following guidance on and control of illegal game products and illegal places of business;

5. Securing a storage place for seized illegal game products and discarding such products.

(3) When a person who is required to pay a penalty surcharge under paragraph (1) fails to pay it by the deadline for such payment, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall collect it pursuant to the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Feb. 21, 2018; Mar. 24, 2020; Aug. 8, 2023>

(4) Necessary matters concerning 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 Decree of the Ministry of the Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Aug. 8, 2023>

Article 38(Closure and collection) #

(1) The Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may have a relevant public official take the following measures against any person who conducts business without obtaining permission, making registration, or reporting pursuant to Article 25 or 26 and any person who continues to conduct business in spite of having received a business closure order, or a disposition for revocation of permission or registration pursuant to Article 35 (1) through (3) in order to close such places of business: <Amended on Jan. 19, 2007; Dec. 20, 2016; Feb. 21, 2018; Nov. 26, 2019; Aug. 8, 2023>

1. Removal or elimination of a signboard of the relevant business or the relevant place of business and other indications of business;

2. Posting a notice informing that the relevant business or the relevant place of business is illegal;

3. Affixing seals to such apparatuses or facilities as may be necessary for operation of the business, in order to prevent them from being used.

(2) When taking the measures referred to in paragraph (1), the head of a Si/Gun/Gu shall advise in advance the relevant business entity or his or her agent of such measures in writing; provided, the foregoing shall not apply where an urgent reason prescribed by Presidential Decree exists. <Amended on Dec. 20, 2016; Aug. 8, 2023>

(3) When game products provided for distribution or use, advertising or publicity materials, etc. 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, in cases referred to in subparagraph 2, cases of conducting speculation business pursuant to the Act on Special Cases concerning Regulation and Punishment of Speculative Acts shall be excluded herefrom: <Amended on Jan. 19, 2007; Feb. 29, 2008; Aug. 8, 2023>

1. Unrated game products or the contents of which are different from the rating classification obtained;

1-2. Game products which violate targets, 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 purposes by a person who has not registered pursuant to Article 25;

4. Advertising and promotional materials distributed or posted in violation of Article 34;

5. Apparatus, devices, and programs produced for the purpose of incapacitating the technical protection measures applicable to game products.

(4) When the relevant public official removes the relevant game products pursuant to paragraph (3), he or she shall deliver a certificate of removal to its owner or occupant; provided, this shall not apply where the owner or occupant refuses to receive the certificate of removal. <Amended on Dec. 20, 2016; Aug. 8, 2023>

(5) When necessary to crack down on game products, etc., referred to in the subparagraphs of paragraph (3), the Minister of Culture, Sports and Tourism, a Mayor/Do Governor or the head of a Si/Gun/Gu may request an association, etc., to provide cooperation, and upon receipt of such request, the association, etc. shall comply with such request. <Amended on Feb. 29, 2008>

(6) The relevant public official who conducts a disposition, such as attaching, sealing, removing, and destroying a notice under paragraphs (1) through (3) or an executive officer or an employee of the association, etc. shall carry an identification indicating his or her authority and present it to interested persons. <Amended on Aug. 8, 2023>

(7) Where a game product, advertising or promotional materials, etc. 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 or a person who supervises and manages a bulletin board referred to in subparagraph 9 of the same paragraph to refuse, suspend, or restrict the handling thereof. In such cases, the Minister of Culture, Sports and Tourism shall undergo the due formalities of deliberation and recommendation of correction by the GRAC in advance. <Added on Apr. 5, 2011; May 22, 2013>

(8) The Minister of Culture, Sports and Tourism may order a person who encourages speculation through any operation method, apparatus, device, etc. closely related to the realization of the contents of game products in violation of Article 28 (1) 2-2 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 corrective order, determine corrective measures and recommend that the person comply with such measures. <Added on Apr. 5, 2011; Oct. 22, 2024>

(9) The Minister of Culture, Sports and Tourism may order a person who distributes or provides for use game products without indicating or falsely indicating the type of probabilistic items, information on the probability of supply by the type of items, and others in violation of Article 33 (2), to make corrections. In such cases, the Minister of Culture, Sports and Tourism may, before giving such corrective order, determine corrective measures and recommend that the person comply with such measures. <Added on Mar. 21, 2023>

(10) A person who has received a recommendation of correction or a corrective order under paragraphs (7) through (9) shall complete the measures to be taken within 7 days and notify the chairperson of the Game Rating and Administration Committee or the Minister of Culture, Sports and Tourism of the results of measures taken. <Added on Apr. 5, 2011; May 22, 2013; Mar. 21, 2023>

(11) The chairperson of the Game Rating and Administration Committee or the Minister of Culture, Sports and Tourism shall give a person subject to a recommendation of correction or a corrective order pursuant to paragraphs (7) through (9) an opportunity to present his or her opinion on the matters in advance; provided, the foregoing shall not apply where he or she falls under any of the following cases: <Added on Dec. 21, 2007; Apr. 5, 2011; May 22, 2013; Mar. 21, 2023>

1. Where it is urgently needed for the safety and welfare of the public;

2. Where it is substantially difficult or obviously unnecessary to hear the person's opinion;

3. Where he or she clearly expresses an intention not to submit an opinion, or delays submission of his or her opinion without good cause.

Article 45(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jan. 19, 2007; Jul. 21, 2011; May 29, 2016; Dec. 11, 2018; Dec. 24, 2018; Nov. 26, 2019; Mar. 21, 2023; Aug. 8, 2023; Oct. 22, 2024>

1. A person who fails to comply with a corrective order issued by 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 by fraud or other improper means pursuant to Article 22 (4);

1-3. A person who fails to comply with an order issued by the Minister of Culture, Sports and Tourism under Article 21-8 (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 clause of (3);

3. Deleted; <Jan. 19, 2007>

3-2. A person who provides game products not permitted for use by youths in violation of Article 28 (1) 4;

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, sells, donates, or lends a rating classification certificate in violation of Article 32 (1) 5;

5-2. A person who disturbs the normal operation of game products in violation of Article 32 (1) 11;

6. A person who produces or brings in game products in violation of the subparagraphs of Article 32 (2);

7. A person who circulates or makes available game products that fail to comply with the obligatory indication, in violation of Article 32 (1) 6 or Article 33 (1) or (3);

8. A person who obtains permission, files for registration, or files a report by fraud or other improper means pursuant to Article 35 (1) 1, (2) 1, or (3) 1;

9. A person who conducts business in violation of an order for suspension of business issued pursuant to Article 35 (2) 2 or (3) 2;

10. A person who produces, distributes, or watches game products, game wares, etc. referred to in Article 38 (3) 3 or 4, or provides such for use, or displays or stores such for the said purposes;

11. A person who fails to comply with an order issued by the Minister of Culture, Sports and Tourism under the former part of Article 38 (9).

Article 48(Administrative fines) #

(1) Any person who fails to designate a domestic agent in violation of Article 31-2 (1) shall be subject to an administrative fine not exceeding 20 million won. <Added on Oct. 22, 2024>

(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jan. 19, 2007; Jul. 21, 2011; Feb. 3, 2016; May 29, 2016; Dec. 8, 2020; Aug. 8, 2023; Oct. 22, 2024; Apr. 8, 2025>

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);

1-2. A person who fails to file a report under Article 12-3 (6);

1-3. A person who fails to register modifications in violation of Article 25 (2);

2. A person who fails to obtain permission for modifications, register or report modifications in violation of Article 26 (4);

2-2. A person who fails to report modifications in violation of Article 21 (5) and (6);

2-3. A person who fails to submit the changed contents of game products to the GRAC, in violation of Article 21 (8);

2-4. A person who fails to observe the duty of cooperation, in violation of Article 21-3 (2) 1;

2-5. A person who fails to notify the GRAC, in violation of Article 21-3 (2) 2;

2-6. A person who provides overseas game products to users, in violation of Article 21-5 (2);

2-7. A person who fails to comply with the order issued by the Minister of Culture, Sports and Tourism under Article 21-9 (3);

2-8. A person who fails to comply with a request for submitting data, in violation of subparagraph 2 of Article 21-11;

3. A person who fails to receive education in violation of Article 28 (1) 1;

4. A person who allows a youth to enter a general game facility or a complex distribution game facility (excluding cases where the access by youth is allowed under the Youth Protection Act) in violation of Article 28 (1) 5;

5. A person who fails to install a program or a device blocking obscene materials and speculative game products in violation of Article 28 (1) 6;

6. A person who fails to file a report in violation of Article 29 (4);

7. A person who fails to file a report, or refuses, interferes with or evades a relevant public official's access to, investigation or inspection of documents pursuant to Article 31 (2);

7-2. A person who was ordered the corrective measures from the GRAC, in violation of the rating classification under subparagraph 2 and 3 of Article 21 (2) pursuant to Article 32 (1) 3, and provides game products without complying with such measures;

8. A person who violates Article 34.

(3) The Minister of Culture, Sports and Tourism, a Mayor/Do Governor, the head of a Si/Gun/Gu (hereinafter referred to as "imposing authority") shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Aug. 8, 2023; Oct. 22, 2024>

(4) Deleted. <Feb. 21, 2018>

(5) Deleted. <Feb. 21, 2018>

GAME INDUSTRY PROMOTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Formulation and execution of comprehensive plan for promotion of game industry) #

Article 4(Revitalization of business start-up activities) #

Article 5(Training for professionals) #

Article 6(Promotion of technology development) #

Article 7(Cooperative development and research) #

Article 8(Promotion of standardization) #

Article 9(Establishment of order in distribution) #

Article 10(Support for international cooperation and overseas expansion) #

Article 11(Fact-finding survey) #

Article 12(Creation of foundation for game culture) #

Article 12-2(Prevention of excessive immersion in games) #

Article 12-3(Preventative measures against game overindulgence) #

Article 12-4(Support for education concerning use of game products) #

Article 13(Protection of intellectual property rights) #

Article 14(Protection of rights and interests of users) #

Article 15 #

Article 16(Game Rating and Administration Committee) #

Article 16-2(Legal personality of GRAC) #

Article 17(Audit) #

Article 17-2(Disqualification of, challenge to, and refrainment by members) #

Article 17-3(Minutes) #

Article 18(Secretariat) #

Article 19(Enactment or amendment of regulations of the GRAC) #

Article 20(Subsidization) #

Article 21(Rating classification) #

Article 21-2(Designation of independent rating classification business entities) #

Article 21-3(Matters to be observed by independent rating classification business entities) #

Article 21-4(Effects of independent rating classification) #

Article 21-5(Provision of use of overseas game products) #

Article 21-6(Re-designation of independent rating classification business entities) #

Article 21-7(Revocation of designation of independent rating classification business entities) #

Article 21-8(Ex officio rating reclassification) #

Article 21-9(Measures for rating adjustment) #

Article 21-10(Simplification of procedures for rating classification) #

Article 21-11(Matters to be observed by applicants for system rating classification) #

Article 22(Refusal of rating classification and notice) #

Article 23(Rating reclassification) #

Article 24(Notification of rating classification) #

Article 24-2(Entrustment of duties related to rating classification) #

Article 24-3(Matters to be observed by rating classification agencies) #

Article 24-4(Revocation of designation of rating classification agencies) #

Article 25(Registration of game producing business) #

Article 26(Permission to conduct game providing business) #

Article 27(Restrictions on business) #

Article 28(Matters to be observed by game products-related business entities) #

Article 29(Succession to business) #

Article 30(Closure of business and ex officio cancellation) #

Article 31(Post management) #

Article 31-2(Designation of domestic agents) #

Article 32(Prohibition of distribution of illegal game products) #

Article 33(Obligation of indications) #

Article 33-2(Liability for damages for violations of obligation to indicate probabilistic items) #

Article 34(Restrictions on advertising or publicity) #

Article 35(Revocation of permission) #

Article 36(Imposition of penalty surcharges) #

Article 37(Succession to effect of disposition of administrative sanctions) #

Article 38(Closure and collection) #

Article 39(Establishment of association) #

Article 39-2(Monetary awards) #

Article 40(Hearings) #

Article 41(Fees) #

Article 42(Delegation or entrustment of authority) #

Article 43(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 44(Penalty provisions) #

Article 45(Penalty provisions) #

Article 46(Penalty provisions) #

Article 47(Joint penalty provisions) #

Article 48(Administrative fines) #