Article 1(Purpose) #
The purpose of this Act is to develop the gaming industry into a sound leisure industry by minimizing the adverse effects of the gaming industry and monitoring illegal gaming business, through establishing the National Gambling Control Commission, thereby contributing to promoting the welfare of the people. <Amended on May 23, 2012>
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on May 23, 2012>
1. The term "gaming industry" means each of the following:
a. Casino business: Casino business under the Tourism Promotion Act and the Special Act on the Assistance to the Development of Abandoned Mine Areas;
b. Horse racing: Horse racing under the Korea Racing Authority Act;
c. Bicycle and motorboat racing: Bicycle and motorboat racing under the Bicycle and Motorboat Racing Act;
d. Lottery tickets: Lottery tickets under the Lottery Tickets and Lottery Fund Act;
e. Sports promotion betting tickets: Sports betting tickets under the National Sports Promotion Act;
f. Bullfighting matches: Bullfighting matches under the Traditional Bullfighting Match Act;
2. The term "gaming business entity" means each of the following:
a. Casino business entities under the Tourism Promotion Act and the Special Act on the Assistance to the Development of Abandoned Mine Areas;
b. Korean Racing Association under the Korea Racing Authority Act;
c. Racing business entities under the Bicycle and Motorboat Racing Act;
d. Lottery ticket business entities under the Lottery Tickets and Lottery Fund Act;
e. Seoul Olympic Sports Promotion Foundation and entrusted business entities under the National Sports Promotion Act;
f. Bullfighting match organizers and entrusted business entities under the Traditional Bullfighting Match Act;
3. The term "illegal gaming business" means a gaming business which involves any of the following:
a. Doing any act prohibited or restricted in relation to a gaming business under the statutes listed in the items of subparagraph 1;
b. Providing any service that enables users to perform speculative acts using any speculative game product defined in the Game Industry Promotion Act;
c. Providing any service that enables users to do speculative acts using any information and communications network under the Act on Promotion of Information and Communications Network Utilization and Information Protection (excluding both the gaming businesses referred to in subparagraph 1 and the speculative businesses under the Act on Special Cases concerning Regulation and Punishment of Speculative Acts)
Article 3(Relationship to other statutes) #
Except as otherwise provided in other statutes, matters concerning the suppression of an excessive gambling spirit instigated by the gaming industry and the prevention, eradication, etc. of the adverse effects thereof shall be governed by this Act.
Article 4(Establishment and Status of National Gambling Control Commission) #
(1) The National Gambling Control Commission (hereinafter referred to as the "Commission") shall be established under the jurisdiction of the Prime Minister to efficiently perform supervisory duties concerning the gaming industry and surveillance duties concerning illegal gaming business. <Amended on May 23, 2012>
(2) The Commission shall perform affairs under its authority independently.
Article 5(Functions of Commission) #
(1) The Commission shall perform each of the following duties under its jurisdiction: <Amended on May 23, 2012; Dec. 19, 2017; Nov. 26, 2019>
1. Matters concerning the formulation and implementation of a comprehensive plan for the integrated management and supervision and the soundness of the gaming industry and the eradication of illegal gaming business;
2. Where it is necessary to integrate each business type of gaming industries, or to apply or adjust total quantities (including the establishment of plans; hereinafter the same shall apply) in terms of the number of places of business, turnover, etc. of individual types of gaming business, matters concerning consultation, adjustment, or recommendation requested by gaming business-related institutions, organizations, or individual companies, etc.;
3. Matters for inspecting the actual conditions of places of business of gaming business entities or guiding and supervising them to prevent instigation of an excessive gambling spirit;
4. Matters concerning the surveillance of illegal gaming business;
5. Matters concerning the formulation and implementation of measures to relieve the adverse effects of the gaming industry and illegal gaming business on society, such as prevention of and recovery from addiction and gambling problems;
6. Matters concerning the management and operation of the Account for Prevention and Treatment of Gambling Addiction under Article 19(2) of the National Sports Promotion Act (hereinafter referred to as "Account for Prevention and Treatment of Gambling Addiction");
7. Matters concerning survey, research and evaluation, which are necessary to develop the gaming industry into a sound leisure industry and eradicate illegal gaming business;
8. Matters concerning the development and publicity of integrated educational programs to change social perception towards the gaming industry and prevent instigation of excessive speculative activities;
9. Matters concerning the implementation of education to prevent youth from developing a gambling addiction (hereinafter referred to as "education to prevent youth from developing a gambling addiction");
10. Matters concerning the enactment and amendment of the operating regulations of the Commission;
11. Other matters stipulated as the duties or authority of the Commission by this Act and other statutes.
Article 6(Composition of Commission) #
(1) The Commission shall be comprised of 15 or less members including one chairperson.
(2) The Vice Minister of Planning and Budget the Vice Minister of the Interior and Safety, a Vice Minister of Culture, Sports and Tourism in charge of the gaming industry, and the Vice Minister of Agriculture, Food and Rural Affairs shall become ex officio members of the Commission, and the Prime Minister shall appoint or commission other members of the Commission from among persons falling under any of the following, including persons recommended by the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, and the chairperson of the Lottery Commission. In such cases, the Prime Minister shall nominate the chairperson of the Commission from among non-ex officio members, and at least the majority of the members of the Commission shall be non-ex officio members: <Amended on Feb. 29, 2008; May 23, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 20, 2023; Oct. 1, 2025>
1. A person qualified as a judge, prosecutor, attorney-at-law or certified public accountant;
2. A person who is working or has worked at a university or a certified research institution as an assistant professor or in a higher position, or in a position corresponding thereto, after majoring in areas related to the gaming industry (including the areas of tourism, information technology, and mental health, such as prevention and treatment of gambling addiction; hereinafter the same shall apply);
3. A person who has a good reputation, with considerable knowledge and experience in areas related to the gaming industry;
4. A person who has expertise in areas related to the gaming industry and is recommended by non-profit, non-governmental organizations (referring to the non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act).
(3) The members of the Commission shall be part-time.
Article 7(Duties of Chairperson) #
(1) The chairperson shall represent the Commission, convene meetings and shall exercise general supervision over the affairs of the Commission.
(2) When the chairperson is unable to conduct his or her duties due to any unavoidable cause, the member that the chairperson nominates in advance shall act on his or her behalf.
Article 8(Term of office of members) #
(1) The term of office of non-ex officio members shall be three years and they may be reappointed only once.
(2) When a vacancy exists in the non-ex officio members of the Commission, a substitute member to fill the vacancy shall be appointed or commissioned within 30 days from the date when the vacancy occurred, and the term of office of the substitute member shall be the remaining term of office of his or her predecessor.
Article 9(Deliberation and resolution of Commission) #
(1) The deliberations and resolutions of the Commission shall be made in the presence of a majority of its members and by affirmative vote of a majority of members present.
(2) The Commission may have subcommittees by area to efficiently conduct its duties.
(3) Other matters necessary for the operation, etc. of the Commission shall be determined by the regulations of the Commission.
Article 10(Grounds for disqualification of members) #
(1) No person who falls under any of the following subparagraphs shall become a member: <Amended on May 23, 2012>
1. A person who is not a national of the Republic of Korea;
2. A member of a party under the Political Parties Act;
3. A person falling under any subparagraph of Article 33 of the State Public Officials Act;
4. A gaming business entity or any executive officer or employee thereof.
(2) Any member that falls under any subparagraph of paragraph (1) shall be naturally dismissed or decommissioned.
Article 11(Member's independence and guarantee of member's status on duty) #
(1) No member shall be subject to directions or interference from outside in connection with his or her duties.
(2) No member shall be dismissed from office, or suffer any disadvantage to his or her position against his or her will, unless he or she falls under any of the following subparagraphs:
1. Where he or she incurs a disqualification under Article 10(1);
2. Where he or she has become unable to perform his or her duties due to physical or mental disorder.
Article 12(Expert members) #
(1) The chairperson may, when he or she deems it necessary to efficiently assist the duties of the Commission and conduct professional investigations and studies, recruit experts in special areas as expert members.
(2) The chairperson shall appoint or commission expert members subject to resolution of the Commission.
(3) Matters necessary for the number, qualifications, etc. of expert members shall be determined by Presidential Decree.
Article 13(Establishment of secretariat) #
(1) A secretariat shall be established within the Commission to handle the affairs of the Commission.
(2) The secretariat shall have one secretary general and other necessary staff.
(3) The secretary general shall supervise the affairs of the Commission under the command of the chairperson and direct and supervise the staff under his or her control, and may attend meetings of the Commission to make statements.
(4) Other matters necessary for the organization of the secretariat shall be determined by Presidential Decree, and matters necessary for the operation of the secretariat shall be determined by the regulations of the Commission.
Article 14(Korea Problem Gambling Agency) #
(1) A Korea Problem Gambling Agency (hereinafter referred to as the "Agency") shall be established to conduct the following projects and activities related to the prevention of addiction and gambling problems caused by the gambling industry or the illegal gambling industry: <Amended on Nov. 26, 2019; Jan. 18, 2022>
1. Counseling, education, and publicity for prevention and treatment, and the development and dissemination of related programs;
2. Survey, research, analysis, and appraisal;
3. Training of professionals for prevention and treatment;
4. Connectivity and cooperation with specialized medical institutions, etc.;
5. Support of preventive services and recovery and rehabilitation services for addicts;
6. International exchanges and cooperation for prevention and recovery;
7. Survey and research on youth gambling addiction;
8. Services entrusted by the Government or the Commission;
9. Other services or activities necessary for prevention and treatment of addiction and gambling problems caused by the gaming industry or illegal gaming business.
(2) The Agency shall be a corporation. <Amended on Jan. 18, 2022>
(3) The Agency shall be comprised of up to 15 directors, including the chief director, and one auditor as its executive officers, and the executive officers shall be appointed by the chairperson with recommendation from the board of directors. In such cases, the terms of office of the executive officers and other necessary matters shall be prescribed by its articles of incorporation. <Amended on Dec. 24, 2018; Jan. 18, 2022>
(4) Where the Agency intends to amend its articles of incorporation, it shall obtain authorization from the chairperson. <Amended on Jan. 18, 2022>
(5) The Government and the Commission may provide the Agency with subsidies or contributions to cover its necessary expenses within budgetary limits. <Amended on Jan. 18, 2022>
(6) The Agency shall prepare and submit a business plan and a draft budget by no later than the beginning of each business year, as prescribed by Presidential Decree, to obtain approval therefor from the Commission. The same shall also apply where it intends to modify the business plan or draft budget. <Amended on Jan. 18, 2022>
Article 14-2(Imposition and Collection of Addiction Prevention and Recovery Charges) #
(1) For the purposes of the prevention and treatment of addiction and gambling problems caused by the gaming industry and illegal gaming business, and the operation of the Agency, the Commission may impose and collect charges for prevention and treatment of addiction (hereinafter referred to as "charges") on and from gaming business entities, which correspond to the rate prescribed by Presidential Decree to an extent not less than 35/10,000 but not exceeding 50/10,000 of the annual net turnover (referring to an amount obtained by deducting refunds, etc. from the gross turnover, which is prescribed by Presidential Decree); provided, no charges may be imposed on casino business entities under the Tourism Promotion Act, excluding those referred to in the Special Act on the Assistance to the Development of Abandoned Mine Areas. <Amended on Jan. 18, 2022; Jun. 20, 2023>
(2) When imposing the charges, the Commission may set different charge rates for each gambling industry operator in consideration of the profitability of a gambling industry entity, the soundness assessment pursuant to Article 5(1)7, and the results of compliance with the total amount pursuant to Article 16(1)1. In such case, notwithstanding paragraph (1), a gambling industry entity, etc. with poor profitability or an excellent grade in the assessment of soundness may be imposed a fixed ratio of less than 35/10,000, as prescribed by Presidential Decree. <Added on Jun. 20, 2023>
(3) The Commission shall calculate the amount of charges on the basis of the previous year's turnover and give notice (including electronic notice; hereinafter the same shall apply) thereof to gaming business entities by no later than May 31 of each year. <Amended on Jun. 20, 2023>
(4) Where the amount of charges exceeds the standards prescribed by Presidential Decree, the Commission may allow payment in installments as prescribed by Presidential Decree. <Added on Oct. 16, 2018; Jun. 20, 2023>
(5) Where a person obligated to pay charges fails to pay them by the payment deadline, the Commission shall issue a demand note within 15 days after the payment deadline lapses. In such cases, the next payment deadline shall be within 10 days from the date the demand note is issued. <Amended on Oct. 16, 2018; Jun. 20, 2023>
(6) Where a person, in receipt of a demand note pursuant to paragraph (5), fails to pay the charges by the fixed payment deadline, the Commission may impose and collect additional dues prescribed by Presidential Decree to an extent not exceeding 3/100 of the amount in arrears for a period from the day after the payment deadline to the day before the payment date. <Amended on Oct. 16, 2018; Jun. 20, 2023>
Article 14-3(Subsidies from National Treasury) #
The Government may provide subsidies, within budgetary limits, to cover some of the expenses incurred from any services, activities or facilities associated with the prevention of and recovery from addiction and gambling problems caused by the gaming industry and illegal gaming business.
[This Article Added on May 23, 2012]
Article 14-4(Financial resources and use of Account for Prevention and Treatment of Gambling Addiction within National Sports Promotion Fund) #
(1) Financial resources of the Account for Prevention and Treatment of Gambling Addiction shall be as follows:
1. Charges and additional dues referred to in Article 14-2;
2. Contributions and donations (limited to voluntarily deposited money and goods in accordance with the Act on Collection and Use of Donations) from persons other than the Government;
3. Earnings from the operation of the Account for Prevention and Treatment of Gambling Addiction;
4. Deposits from the Public Capital Management Fund in accordance with the Public Capital Management Fund Act;
5. Other earnings prescribed by Presidential Decree.
(2) The Account for Prevention and Treatment of Gambling Addiction shall be used for prevention of and recovery from addiction and gambling problems caused by the gaming industry or illegal gaming business and the operation of the Agency and for other related purposes. <Amended on Jan. 18, 2022>
(3) The Commission may entrust the Agency with the management and operation of the Account for Prevention and Treatment of Gambling Addiction. <Amended on Jan. 18, 2022>
[This Article Added on Dec. 19, 2017]
Article 15(Dispatch and employment of public officials) #
(1) The chairperson may, when he or she deems necessary for the efficient operation of the secretariat, request the heads of relevant administrative agencies and gaming industry-related corporations and organizations to dispatch public officials, or executive officers or employees of such corporations and organizations.
(2) The head of a relevant administrative agency, gaming industry-related corporation or organization that receives a request pursuant to paragraph (1) shall comply therewith unless there is a compelling reason not to do so.
(3) The chairperson may employ public officials in a fixed term position under Article 26-5 of the State Public Officials to assign them duties in specialized areas related to the prevention of or recovery from addiction. <Amended on Dec. 11, 2012>
(4) Any person who is dispatched or employed pursuant to paragraphs (1) and (3) shall be guided and supervised by the chairperson in connection with his or her service.
Article 16(Formulation of comprehensive plan) #
(1) In pursuit of the integrated management, supervision and soundness of the gaming industry and eradication of illegal gaming business, the Commission shall formulate and implement a comprehensive plan, including the following matters (hereinafter referred to as "comprehensive plan"): <Amended on May 23, 2012; Nov. 26, 2019>
1. A short-term management plan and mid-to-long-term management plan for the integration between each business type of the gaming industry, the application and adjustment of total quantities in terms of the number of places of business, turnover, etc. of individual types of gaming business, and the management and supervision thereof;
2. Measures for securing the transparency and soundness in each business type of the gaming industry;
3. Measures for relieving the adverse effects on society caused by the gaming industry and illegal gaming business;
4. Measures for making site inspections for gaming business entities' stimulation of an excessive gambling spirit and for guiding and supervising the gaming business entities and securing their fulfillment of obligations;
5. Measures for advertisement, publicity, and solutions to an excessive gambling spirit for the sound development of the gaming industry;
6. Measures for the efficient surveillance and eradication of illegal gaming business;
7. Measures for protecting youth from the gaming industry;
8. Other matters determined by resolution of the Commission.
(2) When the Commission formulates a comprehensive plan, it shall require relevant administrative agencies, such as the Ministry of Planning and Budget, the Ministry of Culture, Sports and Tourism, and the Ministry of Agriculture, Food and Rural Affairs, to submit short-term measures and mid-to-long-term measures for each business type of the gaming industry. <Amended on May 23, 2012; Mar. 23, 2013; Oct. 1, 2025>
(3) The Commission may request gaming business entities, or heads of relevant administrative agencies, etc. to submit data for formulating the comprehensive plan, and take measures necessary, such as fact-finding surveys, to verify whether the comprehensive plan is implemented.
[Title Amended on May 23, 2012]
Article 17(Consultation, adjustment, or recommendation) #
(1) Where it is necessary to integrate each business type of the gaming industry, or to apply or adjust the total quantities in terms of the number of places of business, turnover, etc. of individual types of gaming business, under Article 5(1)2, or where the Commission receives a request therefor from relevant institutions, organizations, individual industries, etc., the Commission may apply or adjust the concerned matters, or recommend therefor, in consultation with the heads of relevant administrative agencies, such as the Minister of Planning and Budget, the Minister of Culture, Sports and Tourism, and the Minister of Agriculture, Food and Rural Affairs. <Amended on Feb. 29, 2008; May 23, 2012; Mar. 23, 2013; Oct. 1, 2025>
(2) In order to prevent the instigation of an excessive gambling spirit, the Commission may make recommendations to the heads of relevant administrative agencies for the adjustment of betting units of horse racing, bicycle and motorboat racing, lottery tickets, sports promotion betting tickets, and bullfighting matches. <Amended on May 23, 2012>
(3) The head of each relevant administrative agency shall faithfully fulfill matters consulted on or adjusted pursuant to paragraphs (1) and (2) unless there is a compelling reason not to do so, and the head of each relevant administrative agency in receipt of a recommendation shall respect the recommendation and endeavor to implement it.
(4) Upon receipt of the recommendation under paragraphs (1) and (2), the head of each relevant administrative agency shall give notice on the implementation plans for the recommendation to the Commission within 90 days from the date he or she receives such recommendation. <Added on Oct. 16, 2018>
(5) Where the head of a relevant administrative agency in receipt of the recommendation under paragraphs (1) and (2) does not implement it, he or she shall give notice of the grounds therefor to the Commission. <Added on Oct. 16, 2018>
(6) Where it is deemed necessary, the Commission may publicize its recommendation under paragraphs (1) and (2) and the details of the notice to the Commission by the head of a relevant administrative agency under paragraph (5). <Added on Oct. 16, 2018>
Article 18(Inspection of gaming business sites, and guidance and supervision) #
(1) The Commission shall conduct site inspections on the following matters and provide guidance and supervision to prevent the gaming industry's instigation of an excessive gambling spirit: <Amended on May 23, 2012>
1. Advertisement and publicity that instigate an excessive gambling spirit;
2. Financial transactions that instigate an excessive gambling spirit inside the gaming business places and areas adjacent thereto;
3. Compliance with the matters to be observed by gaming business entities;
4. Other business activities instigating an excessive gambling spirit, which are prescribed by Presidential Decree.
(2) If necessary for the site inspection of gaming business places and guidance and supervision under paragraph (1), the Commission may dispatch staff members of the Commission to the offices or places of business that are operated by gaming business entities or direct the staff members of the Commission to enter such offices or places of business to investigate books, documents and other data or things, and if necessary, request the competent administrative agencies for investigation.
(3) Any staff member of the Commission who conducts investigation pursuant to paragraph (2) shall carry along a certificate that indicates his or her authority and present it to relevant persons.
Article 18-2(Reports on illegal gaming business) #
(1) Any person who discovers that an illegal gaming business has been operated or that a gaming business entity has instigated an excessive gambling spirit or violated any of the matters to be observed may report the fact to the Commission.
(2) Upon receipt of a report under paragraph (1), the Commission may take necessary measures including an accusation or a request for investigation.
(3) The Commission may pay a monetary reward within budgetary limits to any person who has made a report under paragraph (1).
(4) Matters necessary for the standards, methods, procedures, etc. for the payment of monetary rewards under paragraph (3) shall be prescribed by the regulations of the Commission.
[This Article Added on May 23, 2012]
Article 18-3(Illegal gambling vigilance center) #
(1) The Illegal Gambling Vigilance Center shall be established in the secretariat to monitor illegal gaming business.
(2) Matters necessary for the organization and duties of the Illegal Gambling Vigilance Center under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for the operation thereof shall be prescribed by the regulations of the Commission.
(3) If necessary to monitor illegal gaming business, the Commission may request an investigative agency or gaming business entities for cooperation.
(4) Any gaming business entity in receipt of a request for cooperation under paragraph (3) shall comply therewith unless there is a compelling reason not to do so, and give notice of the outcomes to the Commission.
[This Article Added on May 23, 2012]
Article 18-4(Connectivity between education to prevent youth from developing gambling addiction and school education) #
(1) The Commission shall formulate and implement policies necessary to achieve better connectivity between education to prevent youth from developing a gambling addiction and school education under the Framework Act on Education.
(2) When the Commission formulates policies under paragraph (1), it shall consult in advance with relevant agencies and hear opinions of experts.
(3) Upon receipt of a request for the consultation pursuant to paragraph (2), any relevant agency shall comply therewith, unless there is a compelling reason not to do so.
[This Article Added on Nov. 26, 2019]
Article 19(Fact-finding site surveys and research) #
(1) The Commission shall conduct fact-finding site surveys and research activities for the prevention of adverse effects caused by the gaming industry and recovery therefrom, and if necessary, announce the results thereof.
(2) Matters necessary for the announcement of the results of fact-finding site surveys and related research activities under paragraph (1) shall be determined by the regulations of the Commission.
Article 20(Recommendations) #
The Commission may, when deemed necessary to conduct its duties, recommend the heads of competent administrative agencies to take necessary measures, such as corrective orders for gaming business entities.
Article 21(Request for data) #
(1) The Commission and relevant administrative agencies, such as the Ministry of Planning and Budget, the Ministry of Culture, Sports and Tourism, and the Ministry of Agriculture, Food and Rural Affairs, may request one another to provide data when deemed necessary to perform their duties. <Amended on Feb. 29, 2008; May 23, 2012; Mar. 23, 2013; Oct. 1, 2025>
(2) The Commission may, when deemed necessary to conduct its duties, request gaming business entities to submit necessary data.
(3) Upon receipt of a request for the submission of data pursuant to paragraph (1) or (2), any relevant administrative agency or any gaming business entity shall comply therewith, unless there is a compelling reason not to do so.
(4) The Commission may, when deemed necessary to conduct its duties, have interested persons and experts related to the gaming industry appear before the Commission to listen to their opinions.
Article 22(Financial support) #
Members of the Commission may be paid allowances for attending meetings and other actual expenses, such as expenses to conduct duties within budgetary limits.
Article 23(Prohibition against divulging confidential information) #
No person who is or was a member, expert member or staff member of the Commission, or is or was dispatched to the Commission, or conducts or has conducted the duties of the Commission under the direction of the Commission shall divulge any confidential information that he or she learned in the course of conducting his or her duties to other person or use such confidential information for any purpose other than the performance of his or her duties.
Article 24(Legal fiction as public officials in application of penalty provisions) #
Any member, expert member or staff member of the Commission who is not a public official shall be deemed a public official when applying penalty provisions under the Criminal Act and other statutes in connection with the duties of the Commission.
Article 25(Penalty provisions) #
Any person who divulges any confidential information obtained in the course of performing his or her duties in violation of Article 23 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 30 million won.