GAME INDUSTRY PROMOTION ACT
Act No. 7941, Apr. 28, 2006
Amended by Act No. 8247, Jan. 19, 2007
Act No. 8739, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9928, Jan. 1, 2010
Act No. 10219, Mar. 31, 2010
Act No. 10554, Apr. 5, 2011
Act No. 10629, May 19, 2011
Act No. 10879, Jul. 21, 2011
Act No. 11048, Sep. 15, 2011
Act No. 11139, Dec. 31, 2011
Act No. 11315, Feb. 17, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11785, May 22, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13955, Feb. 3, 2016
Act No. 14199, May 29, 2016
Act No. 14424, Dec. 20, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15378, Feb. 21, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the development of the national economy and the improvement of the quality of people’s cultural life through the promotion of the game industry and the establishment of a healthy game culture of the people by creating a foundation for the game industry and prescribing matters concerning the use of game products.
The terms used in this Act shall be defined as follows: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 13955, Feb. 3, 2016; Act No. 14424, Dec. 20, 2016>
1. | The term "game product" means any video product produced so that one can play a game by making use of data processing technology, such as computer programs, or a mechanical device for making good use of leisure time, raising the effect of learning and physical exercise incidental thereto, or apparatus and devices produced for the main purpose of using such video products: Provided, That any of the following shall be excluded: |
(a) | Speculative game products; |
(c) | Things determined and publicly notified by the Minister of Culture, Sports and Tourism, as things in which game products and non-game products are mixed; |
1-2. | The term "speculative game products" means the following game products which bring profits or incur a loss to property as a result of using them: |
(a) | Game products the contents of which are related to betting or allotment; |
(b) | Game products the outcome of which is determined by some fortuity; |
(c) | Horse racing regulated by the Korea Racing Authority Act and game products which have been replicated therefrom; |
(e) | Casino games regulated by the Tourism Promotion Act and game products which have been replicated therefrom; |
(f) | Other game products prescribed by Presidential Decree; |
2. | The term "information about the contents of game products" means information on whether the contents of such game products contain violence, lasciviousness or speculation, or information on the degrees thereof and other information on the operation of such game products; |
3. | The term "game industry" means an industry related to the production, distribution, provision for use of game products or game wares (referring to tangible or intangible goods, services, and compounds thereof creating economic value added by making use of game products; hereinafter the same shall apply), and services with respect thereto; |
4. | The term "game producing business" means business of producing game products by planning or reproducing the same; |
5. | The term "game distributing business" means business of supplying those who conduct game providing business, or similar, with game products by importing game products (including importation of the original edition) or possessing or managing the copyright thereof; |
6. | The term "game providing business" means business of providing game products so that the public may use such products: Provided, That any of the following cases shall be excluded: |
(c) | Where a person provides game products according to the type, method, or other matters prescribed by Presidential Decree, where he/she conducts business other than those provided for in subparagraphs 4 through 8 and allows customers at the relevant place of business to use game products with the objective of inducing customers, advertising or such; |
(d) | Business of providing Internet computer game facilities pursuant to subparagraph 7; |
(e) | Where a person provides a game product which has been issued a rejection of rating classification pursuant to Article 22 (2), because the product falls under the category of speculative game products; |
6-2. | Businesses providing game products and the necessary facilities at a fixed physical location among the game providing business referred to in subparagraph 6 shall be as follows: |
(a) | Juvenile game providing business: Business of providing game products among the game products rated pursuant to Article 21 to be available to the public by installing game products permitted for use by all; |
(b) | General game providing business: Business of providing game products among the game products rated pursuant to Article 21 to be available to the public by installing game products not permitted for use by juveniles and game products permitted for use by all; |
7. | The term "business of providing Internet computer game facilities" means business of providing necessary apparatus and materials, such as computers or similar, which makes game products available to the public or make available other information-providing products incidental thereto: Provided, That excluded are cases where a person provides game products according to the type, method, or other matters prescribed by Presidential Decree and he/she conducts business other than those provided for in subparagraphs 4 through 6, 6-2, 7, and 8 to allow customers at a place of business concerned to use game products or other information-providing products incidental thereto with necessary apparatus and equipment, such as computers, with the objective of inducing customers, advertising, or such; |
8. | The term "combined distribution and game providing business" means juvenile game providing business, or business of providing Internet computer game facilities, in combination with another business under this Act or a business under other Acts at the same location; |
9. | The term "game products related business entity" means a person who conducts business referred to in subparagraphs 4 through 8: Provided, That a person who conducts business referred to in subparagraph 6 (c) and the proviso to subparagraph 7 shall be deemed a game products related business entity only under Article 28; |
Article 3 (Formulation and Execution of Comprehensive Plan for Promotion of Game Industry) |
(1) | The Minister of Culture, Sports and Tourism shall formulate and execute a comprehensive plan (hereinafter referred to as "comprehensive plan") for the promotion of the game industry in consultation with the head of a relevant central administrative agency. <Amended by Act No. 8852, Feb. 29, 2008> |
(2) | A comprehensive plan shall include the following matters: |
1. | Basic direction-setting for the comprehensive plan; |
2. | Improvement of the systems and laws related to the game industry; |
3. | Revitalization of game culture and game-related creative activities; |
4. | Creation of foundation for and balanced development of the game industry; |
5. | International cooperation and expansion of the game industry to overseas markets; |
6. | Guidance and crackdown on game products illegally produced, distributed, or provided for use; |
7. | Healthy development of the game industry and the protection of users; |
8. | Other matters necessary for the promotion of the game industry prescribed by Presidential Decree. |
(3) | Where the head of a local government intends to promote business falling under the provisions of paragraph (2) 3 through 5, he/she shall consult in advance with the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
CHAPTER II PROMOTION OF GAME INDUSTRY
Article 4 (Revitalization of Business Start-up Activities, etc.) |
(1) | The Government may provide necessary support to persons establishing a business or developing high quality game wares for the purpose of the vitalization of start-up activities related to the game industry, the development of high quality game wares, and the modernization of game products related facilities. |
(2) | The Government may support the activities of amateur game manufacturers for non-profit purposes in order to revitalize the game industry. <Newly Inserted by Act No. 11139, Dec. 31, 2011> |
(3) | Necessary matters concerning the procedures and methods for providing support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended by Act No. 11139, Dec. 31, 2011> |
Article 5 (Training of Professionals) |
(1) | The State or local governments shall formulate and execute a plan regarding the following matters for the training of professionals related to the game industry: <Amended by Act No. 11785, May 22, 2013> |
1. | Analysis of the supply of and demand for professionals in the game industry and the development of human resources; |
2. | Strengthening cooperation with academia, industries, and public institutions for the training of professionals in the game industry. |
(2) | The Government may designate universities, research institutes, and other specialized institutions as professional training institutions and bear all or some of the expenses incurred in the education and training of professionals for the game industry, as prescribed by Presidential Decree. |
Article 6 (Promotion of Technology Development) |
The Government may promote the following projects for technology development and improvement in technical standards related to the game industry:
1. | Research on trends and demand in the game industry; |
2. | Research and development, evaluation and utilization of applied game technology; |
3. | Transfer of game technology and exchange of information. |
Article 7 (Cooperative Development and Research) |
(1) | The Government shall endeavor to build a systematic foundation for the promotion of cooperative development and research through the shared use of human resources, facilities, apparatus and materials, funds and information for the research and development of game products or game wares. |
(2) | The Government may bear all or some of the expenses incurred in cooperative development and research on behalf of those who promote cooperative development and research pursuant to paragraph (1). |
Article 8 (Promotion of Standardization) |
(1) | The Government may recommend that game products related business entities standardize matters prescribed by Presidential Decree, such as standards of game products, except matters prescribed by the Industrial Standardization Act. |
(2) | Where necessary to promote a standardization project pursuant to paragraph (1), the Government may designate a specialized institution or an organization related to game products for the performance of the standardization project, and bear all or some of the expenses incurred in the standardization project conducted by the relevant institution or organization. <Amended by Act No. 14424, Dec. 20, 2016> |
Article 9 (Establishment of Distribution Order) |
(1) | The Government shall endeavor to establish a healthy distribution order for game products and game wares. |
(2) | The Government shall formulate and pursue policies for improving the quality of game products and game wares and for preventing the distribution of illegal reproductions and speculative game products. <Amended by Act No. 8247, Jan. 19, 2007> |
(3) | The Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may provide education to game products related business entities for the establishment of a healthy distribution order of game products and game wares and the creation of a healthy game culture for up to three hours per annum, as prescribed by Presidential Decree. <Amended by Act No. 15378, Feb. 21, 2018> |
(4) | The Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may designate places of game providing business where the business order and business environment are excellent as model places of business and provide them with support in order to create a healthy game culture, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and he/she may cancel the designation and suspend the support where the requirements for designation are not satisfied. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 13955, Feb. 3, 2016; Act No. 15378, Feb. 21, 2018> |
Article 10 (Support for International Cooperation and Overseas Expansion) |
(1) | The Government may promote the following activities for the overseas expansion of game products and game wares: |
1. | Hosting international game exhibitions in the Republic of Korea; |
2. | Overseas marketing and public relations and attraction of foreign investment; |
3. | Provision of information on overseas expansion. |
(2) | The Government may bear all or some of the expenses incurred by persons who promote activities referred to in the subparagraphs of paragraph (1). |
Article 11 (Fact-Finding Survey) |
(1) | The Government shall conduct a fact-finding survey of the game industry for the formulation and execution of policies related to the game industry. <Amended by Act No. 8247, Jan. 19, 2007> |
(2) | Matters necessary for the subject matters, methods, etc. of the fact-finding survey under the provision of paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 8247, Jan. 19, 2007> |
CHAPTER III PROMOTION OF GAME CULTURE
Article 12 (Creation of Foundation for Game Culture) |
(1) | The Government shall promote the following activities for creating a foundation for a healthy game culture: <Amended by Act No. 8247, Jan. 19, 2007> |
1. | Formulation and execution of policies to prevent adverse effects of games, such as excessive immersion in games or the encouragement of speculation, violence, and lasciviousness; |
2. | Establishment and operation of game culture facilities for the public purpose, such as game culture experiential facilities and counseling or educational facilities; |
3. | Support for organizations that conduct business or activities for creating a healthy game culture. |
(2) | In order to create a foundation for juvenile game culture, the Minister of Culture, Sports and Tourism may promote policies to support game products related business entities who provide game products other than game products not-permitted for use by juveniles referred to in Article 21 (2) 4. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
(3) | Matters necessary to promote activities and provide support, etc. pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
Article 12-2 (Prevention of Excessive Immersion in Games, etc.) |
(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: |
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 by Act No. 8852, Feb. 29, 2008> |
(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 by Act No. 8852, Feb. 29, 2008> |
(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 Newly Inserted by Act No. 8247, Jan. 19, 2007]
Article 12-3 (Preventative Measures against Excessive Immersion in and Addiction to Games, etc.) |
(1) | In order to prevent excessive immersion in or addiction to games by users of game products, game products related business entities [limited to service providers making game products available to the public through the information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter referred to as "information and communications network"): hereafter the same shall apply in this Article] shall take measures to prevent an excessive use of game products including the following (hereinafter referred to as "preventative measures"): |
1. | 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 juveniles join as members; |
3. | Restriction on method of using game products, time for using game products, etc. when juveniles themselves or their legal representatives request; |
4. | Giving notice to juveniles themselves and their legal representatives concerning the basic matters, such as the characteristics, rating, fee-charging policy of game products provided, and 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) | The Minister of Gender Equality and Family shall consult with the Minister of Culture, Sports and Tourism when he/she evaluates the propriety of the scope of game products subject to the restriction on time provided for online games during the midnight hours under Article 26 of the Juvenile Protection Act. <Amended by Act No. 11048, Sep. 15, 2011> |
(3) | Scope of game products, methods and procedures for the preventative measures provided in paragraph (1), and the methods and procedures for evaluation provided in paragraph (2) shall be prescribed by Presidential Decree. |
(4) | The Minister of Culture, Sports and Tourism may request game products related business 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. |
(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/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 ten days. |
(7) | Where the Minister of Culture, Sports and Tourism evaluates the preventative measures pursuant to paragraph (5), he/she may listen to the opinions of the head of a relevant central administrative agency, experts, juveniles and organizations related to school parents and publicly announce the outcomes of evaluation. |
[This Article Newly Inserted by Act No. 10879, Jul. 21, 2011]
Article 12-4 (Support for Education concerning Use of Game Products, etc.) |
(1) | The Government may provide necessary support for education on the appropriate use of game products. |
(2) | The Government shall endeavor to ensure that schools conduct education on the appropriate use of game products. |
(4) | The Minister of Culture, Sports and Tourism may entrust education on the use of game products to an institution or organization related to the relevant business. |
[This Article Newly Inserted by Act No. 10879, Jul. 21, 2011]
Article 13 (Protection of Intellectual Property Rights) |
(1) | In order to protect and foster creative activities related to games, the Government shall formulate policies to protect intellectual property rights of game products. <Amended by Act No. 10629, May 19, 2011> |
(2) | In order to protect intellectual property rights of game products, the Government may promote the following activities: <Amended by Act No. 10629, May 19, 2011> |
1. | Technical protection of game products; |
2. | Encouraging indicating information on management of rights, such as information necessary for the identification of the game product and its producer; |
3. | Education and public relations on intellectual property rights, such as copyright in the game sector. |
(3) | The Government may designate institutions or organizations specializing in the field of intellectual property rights and have them promote the activities referred to in the subparagraphs of paragraph (2), as prescribed by Presidential Decree. <Amended by Act No. 10629, May 19, 2011> |
(4) | The Minister of Culture, Sports and Tourism may, if necessary for protecting the intellectual property right of the game product, request the head of a relevant central administrative agency to render cooperation with regard to improving the related system and rationalizing management of such system. <Newly Inserted by Act No. 14424, Dec. 20, 2016> |
Article 14 (Protection of Rights and Interests of Users) |
In order to protect the rights and interests of persons who use game products, the Government shall promote the following activities:
1. | Education and public relations for the establishment of a healthy game use culture; |
2. | Prevention of and remedies from damage which users of game products may suffer; |
3. | Protection of juveniles from harmful game products. |
Article 15 Deleted. <by Act No. 11315, Feb. 17, 2012> |
CHAPTER IV RATING CLASSIFICATION
Article 16 (Game Rating and Administration Committee) |
(1) | The Game Rating and Administration Committee (hereinafter referred to as the "Committee") 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 juveniles, and to prevent the distribution of illegal game products. <Amended by Act No. 10554, Apr. 5, 2011; Act No. 11785, May 22, 2013> |
(2) | The Committee shall deliberate on and decide the following matters: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8739, Dec. 21, 2007; Act No. 10554, Apr. 5, 2011; Act No. 11139, Dec. 31, 2011; Act No. 11785, May 22, 2013; Act No. 14199, May 29, 2016> |
1. | Matters concerning the rating classification of game products; |
2. | Matters concerning ascertainment on harmfulness to juveniles; |
3. | Matters concerning ascertainment on the speculative nature of game products; |
4. | Matters concerning the post management of the rating, such as ascertainment on production, distribution, or provision for use according to the rating of game products; |
5. | Matters concerning investigations and research to secure objectivity in the rating 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 Committee; |
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 Committee shall be comprised of no more than nine members, including one chairperson, and the chairperson shall be a standing member. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11139, Dec. 31, 2011; Act No. 11785, May 22, 2013> |
(4) | The members of the Committee shall be commissioned by the Minister of Culture, Sports and Tourism upon recommendation by the heads of organizations prescribed by Presidential Decree, taking into consideration matters prescribed by Presidential Decree, such as gender, from among those who engage in the fields of cultural art, cultural industry, juvenile, law, education, press, and information and communications or in non-profit and non-governmental organizations under the Assistance for Non-Profit, Non-Governmental Organizations Act, and have expertise and experiences in the game industry, children, or juveniles, and the chairperson of the Committee shall be elected from among the members. <Amended by Act No. 11785, May 22, 2013> |
(5) | The term of office of the chairperson and members shall be three years. |
(6) | Where necessary to efficiently perform the affairs of the Committee, subcommittees may be established. <Newly Inserted by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
(7) | Matters necessary to organize and operate the Committee shall be prescribed by the regulations of the Committee. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
Article 16-2 (Legal Personality, etc. of the Committee) |
(1) | The Committee shall be a corporation. |
(2) | The Committee shall be established at the time when it registers such establishment at the location of its main office after obtaining the authorization from the Minister of Culture, Sports and Tourism. |
(3) | A member of the Committee shall be deemed a director. |
[This Article Newly Inserted by Act No. 11785, May 22, 2013]
(1) | One auditor shall be assigned to the Committee to audit matters concerning the business affairs and accounting of the Committee. <Amended by Act No. 11785, May 22, 2013> |
(2) | The auditor shall be appointed by the Minister of Culture, Sports and Tourism and shall be a standing member. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11785, May 22, 2013> |
(3) | The term of office of the auditor shall be three years. |
Article 17-2 (Disqualification of, Challenge to, and Refrainment by Members) |
(1) | A member of the Committee shall be disqualified from deliberations or decisions on any of the following matters: <Amended by Act No. 11785, May 22, 2013> |
1. | Matters for which an application is filed with the Committee under this Act, such as an application, etc. for the rating classification of game products pursuant to the provision of Article 21 (1), by a member or his/her spouse or former spouse (hereafter referred to as "application" in this Article); |
2. | Matters for which an application is filed by any person who is a member, or his/her spouse or former spouse, or a joint holder of a right or a co-obligor; |
3. | Matters for which an application is filed by any person who has or had the ties of kinship with a member. |
(2) | When a person who has filed an application has any good reason to believe that a member is likely to make an unfair decision, he/she may explain such fact in writing and file an application for a challenge to such member. |
(3) | Where a member has a reason falling under any subparagraph of paragraph (1) or a reason which would enable him/her to apply for a challenge under the provisions of paragraph (2), he/she may voluntarily refrain from deliberation or decision on such matters. |
(4) | Matters necessary for disqualification of, challenge to, and refrainment by a member under paragraphs (1) through (3) shall be prescribed by the regulations of the Committee. <Amended by Act No. 11785, May 22, 2013> |
[This Article Newly Inserted by Act No. 8247, Jan. 19, 2007]
(1) | The Committee shall prepare the minutes, as prescribed by its regulations. <Amended by Act No. 11785, May 22, 2013> |
(2) | The minutes referred to in paragraph (1) shall be open to the public, as prescribed by the regulations of the Committee: Provided, That in special circumstances, such as the protection of confidential business information, the minutes need not be open to the public by decision of the Committee. <Amended by Act No. 11785, May 22, 2013> |
(3) | Necessary matters concerning the extent, methods, and procedure of, opening minutes to the public pursuant to paragraphs (1) and (2) shall be prescribed by the regulations of the Committee. <Amended by Act No. 11785, May 22, 2013> |
[This Article Newly Inserted by Act No. 8247, Jan. 19, 2007]
(1) | A Secretariat shall be established in the Committee to assist in the affairs of the Committee and inspect matters concerning the post management of rating classification. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
(2) | The Secretariat shall have one secretary general, who shall be appointed by the chairperson with the consent of the Committee. <Amended by Act No. 11785, May 22, 2013> |
(3) | Matters necessary for the post management of rating classification by the Secretariat shall be prescribed by Presidential Decree, and matters necessary for the organization and operation thereof shall be prescribed by the regulations of the Committee. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11139, Dec. 31, 2011; Act No. 11785, May 22, 2013> |
Article 19 (Enactment, Amendment, etc. of Regulations of the Committee) |
(1) | When the Committee intends to enact or amend its regulations, it shall place advance notice of a proposal for enactment or amendment in the Official Gazette for at least 20 days, and when it has enacted or amended its regulations, it shall publish and promulgate such regulations in the Official Gazette, etc. <Amended by Act No. 11785, May 22, 2013> |
(2) | Where the Committee intends to determine or modify the standard for rating classification pursuant to Article 21 (7), it shall collect the opinions of juvenile organizations, non-profit organizations, and academia or industrial circles. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
Article 20 (Subsidization) |
(1) | Expenses incurred in operation of the Committee may be subsidized from the National Treasury. <Amended by Act No. 11785, May 22, 2013> |
(2) | The Committee’s business plan accompanying the use of the National Treasury budget shall be formulated, following prior consultation with the Minister of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11785, May 22, 2013> |
Article 21 (Rating Classification) |
(1) | A person who intends to produce or distribute a game product for the purpose of circulating the game product or providing for the use thereof shall receive a rating for the contents of the game product from the Committee or business entities designated pursuant to Article 21-2 (1) before producing or distributing such game product: Provided, That this shall not apply to any of the following game products: <Amended by Act No. 8247, Jan. 19, 2007; Amended by Act No. 10554, Apr. 5, 2011; Act No. 11785, May 22, 2013; Act No. 14199, May 29, 2016; Act No. 14424, Dec. 20, 2016> |
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. | Deleted. <by Act No. 14199, May 29, 2016> |
(2) | The ratings of game products shall be as follows: <Amended by Act No. 8247, 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 juveniles: Game products which cannot be used by juveniles. |
(3) | Notwithstanding paragraph (2), game products provided to a juvenile game providing business or a general game providing business shall be classified as game products permitted for use by all and game products not permitted for juveniles. <Newly Inserted by Act No. 8247, Jan. 19, 2007> |
(4) | The Committee shall ascertain whether a game product for which an application for rating is filed is a speculative game product. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
(5) | Where a person has revised the contents of a game product rated, he/she shall report such to the Committee within 24 hours, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. In such cases, where the contents reported have been revised to the extent that a change of rating is required, the Committee shall notify him/her that the contents are subject to revision of rating within seven days after receipt of the report, and shall deem the relevant game product a new one and take the necessary measures to assign it a new rating in accordance with the procedures prescribed by the regulations of the Committee. <Newly Inserted by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11785, May 22, 2013> |
(6) | Where a game product has been revised to the extent that a change of rating is required pursuant to paragraph (5) and the party concerned fails to obtain a new rating thereof or provides a game product different from the contents for which a rating was received, the Committee may investigate ex officio or revise the rating at the request of a game product providing business entity or a game product distributing business entity. <Newly Inserted by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
(7) | Necessary matters concerning the standards for rating referred to in paragraphs (1) and (2) and ascertainment on the speculative nature of game products referred to in paragraph (4) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11785, May 22, 2013> |
(8) | The Committee may conduct a technical deliberation on a game product, as prescribed by Presidential Decree, to ascertain whether the game product is a speculative game product. <Newly Inserted by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
(9) | Where any rating decision rendered by an agency that has been entrusted with the rating affairs pursuant to Article 24-2 (hereinafter referred to as "rating classification agency") is not proper for the rating standards referred to in paragraph (7), the Committee may conduct rating classification ex officio. <Newly Inserted by Act No. 11139, Dec. 31, 2011; Act No. 11785, May 22, 2013, Act No. 14199, May 29, 2016> |
(10) | and (11) Deleted. <by Act No. 14199, May 29, 2016> |
Article 21-2 (Designation of Independent Rating Classification Business Entity) |
(1) | The Minister of Culture, Sports and Tourism may designate a business entity allowed to conduct independent rating classification for a prescribed 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. | Propriety of the plan for contributing to the development of the game industry and creation of a healthy game culture. |
(2) | Business entities shall meet the following requirements to be designated pursuant to paragraph (1): |
1. | It shall be any of the following corporations: |
(a) | A person conducting game producing business, game distributing business or game providing business, whose average sale for the recent three years is not less than the amount prescribed by Ordinance of the Minister of Culture, Sports and Tourism; |
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 Committee) 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, That it shall not apply to the game products falling under Article 21 (2) 4 or provided to general game providing business or juvenile game providing business: |
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: |
1. | Determination and notification of rating classification pursuant to the main sentence of Article 21 (1) excluding subparagraphs; |
2. | Receipt of the report on contents revision, notification of game products to be newly rated, and measures under Article 21 (5). |
(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 Ordinance of the Ministry of Culture, Sports and Tourism. |
[This Article Newly Inserted by Act No. 14199, May 29, 2016]
Article 21-3 (Matters to be Observed by Independent Rating Classification Business Entity, etc.) |
(1) | An independent rating classification business entity shall observe the following: |
1. | He/she shall independently conduct a rating classification according to the standards for rating classification pursuant to Article 21 (7) or separate standards for which an agreement is made with the Committee (including the methods of indicating ratings): Provided, That 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 (7); |
2. | He/she shall have a business entity, who has concluded a mediation contract, indicate the result of rating classification under subparagraph 1: Provided, That 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/she shall not provide a rating classification service and shall notify such fact to the Committee; |
4. | He/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 Committee within five business days after the mediation contract is terminated; |
5. | He/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 paragraph (5) of the same Article are notified to the Committee within five business days; |
6. | He/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 Committee; |
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 Committee at least four times annually, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism; |
8. | He/she shall comply with the Committee’s request for submission of data related to the affairs regarding rating classification; |
9. | He/she shall submit the activity report of the experts commissioned pursuant to Article 21-2 (2) 3 to the Committee one month before an evaluation is conducted pursuant to subparagraph 10; |
10. | He/she shall be evaluated by the Committee for the propriety of conducting affairs regarding independent rating classification not less than once a year as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, and implement the improvement measures following the evaluation; |
11. | He/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/she shall observe other matters necessary for maintaining, etc. propriety of the affairs on independent rating classification, prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
(2) | A game products related business entity who has concluded a mediation contract shall observe the following: |
1. | He/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/she shall notify the Committee of such fact. |
(3) | The Committee 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/she shall file a report pursuant to Article 21 (5) with the Committee where any change is made to game products contents. In such cases, the Committee 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 Committee. |
[This Article Newly Inserted by Act No. 14199, May 29, 2016]
Article 21-4 (Effects of Independent Rating Classification) |
(1) | A game product rated by an independent rating classification business entity shall be deemed rated by the Committee: Provided, That where another independent rating classification business entity intends to distribute the game product rated by the independent rating classification business entity, he/she shall newly conduct an independent rating classification. |
(2) | Where a person other than an independent rating classification business entity distributes a game product for which the results of rating classification by different independent rating classification business entities are not same, it shall be distributed with the rating, which indicates the age closer to the upper age limit for juvenile under subparagraph 10 of Article 2. |
(3) | Where the contents of a game product are revised to change the information and communication platform (referring to an electronic device or system with information-processing capacity, which is set for the use of game products), the effect of rating classification under Article 21-3 (1) 1 shall be maintained only within the extent not requiring the change of rating: Provided, That this shall not apply to the cases of game products provided to juvenile game providing business and general game providing business. |
[This Article Newly Inserted by Act No. 14199, May 29, 2016]
Article 21-5 (Provision of Use of Overseas Game Products) |
(1) | An independent rating classification business entity may provide users with a game product not mainly aimed to be distributed domestically (hereinafter referred to as “overseas game product”) in the cases satisfying all of the following requirements: Provided, That this shall not apply to the game products falling under Article 21 (2) 4 or those provided to juvenile game providing business and general game providing business: |
1. | An independent rating classification business entity shall conclude a contract regarding the provision of domestic use of overseas game products with an overseas distribution business entity; |
2. | An independent rating classification business entity shall rate overseas game products; |
3. | An independent rating classification business entity shall ensure that users easily recognize the result of rating classification when using overseas game products; |
4. | An independent rating classification business entity shall notify the result of rating classification of overseas game products within five business days to the Committee. |
(2) | No overseas game products rated by the independent rating classification business entity pursuant to paragraph (1) shall be provided to users by other business entities. |
[This Article Newly Inserted by Act No. 14199, May 29, 2016]
Article 21-6 (Re-Designation of Independent Rating Classification Business Entity) |
(1) | Where an independent rating classification business entity intends to conduct the affairs related to independent rating classification continuously after the expiration of the designated period, he/she shall be re-designated by the Minster of Culture, Sports and Tourism. |
(2) | The Minister of Culture, Sports and Tourism may re-designate independent rating classification business entities pursuant to paragraph (1) within the scope of three years after deliberating on the followings: |
1. | Whether the plans referred to in the subparagraphs of Article 21-2 (1) are implemented and the propriety of the future plan; |
2. | Whether the standards prescribed by Article 21-2 (2) 1 are satisfied; |
3. | The performance record under Article 21-2 (2) 2 through 4 and the propriety of the future plan; |
4. | Whether the requirements prescribed by Article 21-2 (2) 5 are fulfilled; |
5. | Whether the improvement measures referred to in Article 21-3 (1) 10 are implemented. |
[This Article Newly Inserted by Act No. 14199, May 29, 2016]
Article 21-7 (Cancelling, etc. Designation of Independent Rating Classification Business Entity) |
(1) | Where an independent rating classification business entity falls under any of the following, the Minister of Culture, Sports and Tourism may cancel the designation or order a suspension of business under Article 21-2 (4) for a prescribed period not exceeding six months: Provided, That he/she shall cancel the designation in the case of subparagraph 1: |
1. | Where an independent rating classification business entity has been designated by false or other improper means; |
2. | Where an independent rating classification business entity is not qualified for the designation requirements set forth in Article 21-2 (2); |
3. | Where an independent rating classification business entity violates the matters to be observed under Article 21-3 (1). |
(2) | Where the Minister of Culture, Sports and Tourism cancels the designation or suspends business pursuant to paragraph (1), he/she shall hold a hearing prescribed in the Administrative Procedures Act. |
(3) | The cancelation of the designation pursuant to paragraph (1) shall not have an influence on the effect of rating classification conducted by an independent rating classification business entity before the cancelation: Provided, That this shall not apply to the cancelation of designation due to the grounds referred to in paragraph (1) 1. |
(4) | Where the grounds prescribed in paragraph (1) 2 and 3 arise, the Minister of Culture, Sports and Tourism, before cancelling designation or issuing an order to suspend business, may determine corrective measures and recommend an independent rating classification business entity to accept such measures within ten days. |
(5) | Where an independent rating classification business entity takes action in accordance with the corrective measures under paragraph (4), the Minister of Culture, Sports and Tourism may not cancel the designation or issue an order to suspend business. |
[This Article Newly Inserted by Act No. 14199, May 29, 2016]
Article 21-8 (Ex Officio Rating Reclassification, etc.) |
(1) | Where the Committee deems that a game product rated by an independent rating classification business entity falls under Article 21 (2) 4 or is subject to the refusal of rating classification under Article 22 (2), it may make a determination on rating classification at the request of the Minister of Culture, Sports and Tourism or ex officio or may cancel the determination on rating classification by an independent rating classification business entity. |
(2) | Where the Committee makes a determination or determination of cancellation on rating classification, it shall notify an independent rating classification business entity of it without delay. |
(3) | From the day when the independent rating classification business entity is notified pursuant to paragraph (2), he/she shall take measures following it without delay. |
(4) | The Minister of Culture, Sports and Tourism may issue an order for correction where an independent business entity fails to implement the measures under paragraph (3). |
[This Article Newly Inserted by Act No. 14199, May 29, 2016]
Article 21-9 (Measures, etc. for Rating Adjustment) |
(1) | Where the result of rating classification seriously violates the rating classification standards, or the results of rating classification among independent rating classification business entities are different, the Committee may request independent rating classification business entities to adjust ratings. |
(2) | Independent rating classification business entities shall implement the measures following the request under paragraph (1). |
(3) | Where independent rating classification business entities fail to implement the measures under paragraph (2), the Minister of Culture, Sports and Tourism may order the correction thereof. |
[This Article Newly Inserted by Act No. 14199, May 29, 2016]
Article 22 (Refusal of Rating Classification and Notice, etc.) |
(1) | Where necessary to conduct activities under Article 16 (2) 1 through 4, the Committee may request a person who applies for rating to submit data necessary for the rating examination. <Amended by Act No. 10554, Apr. 5, 2011; Act No. 11785, May 22, 2013> |
(2) | The Committee may refuse to assign a rating to any person who applies for a rating of any act or apparatus subject to regulation or punishment under the provisions of other Acts, such as the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. and the Criminal Act, or under this Act, any person who applies for a rating without justifiable title, or by fraud or other improper means, or any person who applies for a rating of game products that constitute speculative game products. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
(3) | Where the Committee 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 by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
1. | A certificate of rating classification into which the relevant rating of the game product is entered; |
2. | Documents into which obligations according to rating classifications are entered; |
3. | Documents into which information on the contents of the game product is entered. |
(4) | If the Committee becomes aware of the fact that a game product which has received a rating is subject to a refusal of rating classification pursuant to the provision of paragraph (2), it shall cancel the rating classification decision without delay. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11785, 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 certificate of rating classification and matters, etc. to be included in information about the contents of game products, pursuant to paragraphs (1) through (3), shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
Article 23 (Rating Reclassification, etc.) |
(1) | A person who has an objection to a rating classification decision made under Article 21 or a decision to refuse rating classification under Article 22 rendered by the Committee or a rating classification agency may file an objection stating detailed grounds therefor with the Committee to obtain a new rating within 30 days after receipt of a notice of such decision. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11139, Dec. 31, 2011; Act No. 11785, May 22, 2013> |
(2) | When the Committee receives an objection filed under paragraph (1), it shall examine the objection. Where it finds the objection has good cause, it shall reclassify the rating within 15 days after receipt of the application and notify an applicant or his/her agent of the result thereof, and where it finds no good cause, it shall notify the applicant or his/her agent of such. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11785, May 22, 2013> |
(3) | Necessary matters concerning the procedures for filing applications and notification of decisions pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
Article 24 (Notification, etc. of Rating Classification) |
Where the Committee has made any of the following decisions or cancellations, or has been notified of a rating classification decision or cancellation of a rating classification decision by a rating classification agency pursuant to subparagraph 1 of Article 24-3, it shall notify the head of an administrative agency prescribed by Presidential Decree, an association or organization provided in Article 39 (hereinafter referred to as "association, etc."), and other institutions and organizations deemed necessary, of such decision or cancellation in writing, and it shall publish the details thereof, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11139, Dec. 31, 2011; Act No. 11785, May 22, 2013> 1. | A rating classification decision made under Article 21 (2) or decision to refuse rating classification of a speculative game product under Article 22 (2); |
2. | A cancellation of a rating classification decision under Article 22 (4); |
Article 24-2 (Entrustment, etc. of Duties related to Rating Classification) |
(1) | The Committee may entrust any of the following duties with respect to game products falling under Article 21 (2) 1 through 3 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 of not more than five years: <Amended by Act No. 11785, May 22, 2013> |
1. | Deciding on a rating classification pursuant to the main sentence of Article 21 (1); |
2. | Accepting reports on revised contents, notifying persons subject to rating reclassification, and taking measures pursuant to Article 21 (5); |
3. | Requesting submission of data pursuant to Article 22 (1) (limited to data necessary to perform the duties provided for in Article 16 (2) 1 and 2); |
4. | 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. | Cancelling 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. <Newly Inserted by Act No. 11785, May 22, 2013> |
(3) | The Committee 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. <Newly Inserted by Act No. 11785, May 22, 2013> |
[This Article Newly Inserted by Act No. 11139, Dec. 31, 2011]
Article 24-3 (Matters to be Observed by Rating Classification Agency) |
A rating classification agency shall observe each of the following: <Amended by Act No. 11785, May 22, 2013>
1. | Where it renders a rating classification decision pursuant to the main sentence of Article 21 (1) or cancels a rating classification decision pursuant to Article 22 (4), it shall notify the Committee thereof within ten days; |
2. | It shall submit to the Committee by the end of February each year an annual activities report that contains the current status of applications for rating classification of game products for each rate, the current status of rating classification decisions and decisions to refuse a rating classification, and the time spent classifying ratings of each game product and the reasons for decisions to refuse a rating classification when the decisions to refuse rating classification have been made; |
3. | The executive officers and employees of a rating classification agency shall receive an education necessary to perform duties related to rating classifications of game products provided by the Committee for up to ten hours each year; |
4. | Except in extenuating circumstances, it shall comply with the Committee’s request for submission of data with regard to duties related to rating classifications. |
[This Article Newly Inserted by Act No. 11139, Dec. 31, 2011]
Article 24-4 (Cancellation of Designation of Rating Classification Agency) |
Where a rating classification agency falls under any of the following cases, the Minister of Culture, Sports and Tourism may cancel its designation or order such agency to suspend its business operations for a fixed period not exceeding six months: Provided, That where it falls under subparagraph 1, he/she shall cancel its designation: <Amended by Act No. 11785, May 22, 2013>
1. | Where it has been designated by fraud or other improper means; |
2. | Where it fails to meet the requirements for designation referred to in Article 24-2 (1); |
3. | Where it is determined to be improper in an evaluation referred to in Article 24-2 (2); |
4. | Where it breaches any matter to be observed referred to in Article 24-3. |
[This Article Newly Inserted by Act No. 11139, Dec. 31, 2011]
CHAPTER V ESTABLISHMENT OF BUSINESS ORDER
SECTION 1 Report, Registration, and Operation of Business
Article 25 (Registration of Game Producing Business, etc.) |
(1) | A person who intends to conduct game producing business or game distributing business shall register with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That under any of the following cases, such business may be conducted without registration: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 15378, Feb. 21, 2018> |
1. | Where the State or a local government produces game products; |
2. | Where an educational or training institution established pursuant to statutes produces game products to be used for purposes of in-house education or training; |
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 who has been registered pursuant to paragraph (1) intends to modify important matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, he/she shall register such modifications. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
(3) | Where registration is made pursuant to paragraph (1) or registration of modifications pursuant to paragraph (2), the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall deliver a certificate of registration to the applicant. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 15378, Feb. 21, 2018> |
(4) | Matters necessary for procedures for and methods of registration, registration of modifications, and delivery of a certificate of registration under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
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 the permission of the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu regarding the standards and procedures for such permission, as prescribed by Presidential Decree: Provided, That such business shall not be located in a residential area referred to in Article 36 (1) 1 (a) of the National Land Planning and Utilization Act. <Newly Inserted by Act No. 8247, Jan. 19, 2007; Act No. 13955, Feb. 3, 2016; Act No. 15378, Feb. 21, 2018> |
(2) | A person who intends to conduct juvenile game providing business or business of providing Internet computer game facilities shall provide facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu: Provided, That where a person who provides game products through the information and communications network has obtained permission, reported or registered pursuant to the Telecommunications Business Act, he/she shall be deemed to have registered under this Act. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 15378, Feb. 21, 2018> |
(3) | A person who intends to conduct combined distribution and game providing business shall register with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism: Provided, That where a person who has registered juvenile 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/she shall report such to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 13955, Feb. 3, 2016; Act No. 15378, Feb. 21, 2018> |
(4) | Where a person who has obtained permission, registered, or reported pursuant to paragraphs (1) through (3) intends to modify important matters prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, he/she shall obtain permission for modification or register or report modification. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
(5) | Where the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu grants business permission or permission for modification, receives registration, registration of modification, or receives a report or a report on modification pursuant to paragraphs (1) through (4), he/she shall deliver a certificate of permission, a certificate of registration, or a certificate of report to an applicant, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 15378, Feb. 21, 2018> |
Article 27 (Restrictions on Business) |
Where a person who intends to obtain permission, register, or report pursuant to Article 25 or 26 falls under any of the following cases, he/she shall not obtain permission, register, or report pursuant to Article 25 or 26: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 11048, Sep. 15, 2011; Act No. 13955, Feb. 3, 2016> 1. | Where a person (in the case of a corporation, including its representative or an executive officer) in whose case one year has not passed since he/she was ordered to close business or became subject to a disposition of cancellation of permission or registration, or measures such as closure and collection, or the same period has not expired since he/she became subject to a disposition of suspension of business pursuant to Article 35 (1) and (2) and Article 38 (1) intends to conduct the same category of business again; |
2. | Where a person in whose case one year has not passed since he/she was ordered to close business or became subject to a disposition of cancellation of permission or registration, or measures such as closure and collection, or the same period has not expired since he/she became subject to a disposition of suspension of business pursuant to Article 35 (1) and (2) and Article 38 (1) intends to conduct business which is in the same category as the same business at the same location; |
3. | Where a person who operates a business establishment where the access and employment of juveniles are prohibited, as defined in subparagraph 5 (a) of Article 2 of the Juvenile Protection Act, intends to engage in the combined distribution and game providing business. |
Article 28 (Matters to be Observed by Game Products related Business Entities) |
A game products related business entity shall observe the following matters: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 10554, Apr. 5, 2011; Act No. 13955, Feb. 3, 2016>
1. | He/she shall receive education concerning distribution order pursuant to Article 9 (3); |
2. | He/she shall neither have others gamble or do other speculative acts by making use of game products nor leave them to do such things; |
2-2. | He/she shall not promote speculation through operation method or apparatus, device, etc. closely related to 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/she shall not promote speculation by offering free gifts, etc.: Provided, That the foregoing shall not apply to the types of free gifts (toys, stationery, etc.: Provided, that cash, gift certificates, and securities shall be excluded), criteria for provision, method of offering free gifts, etc., prescribed by Presidential Decree on game products permitted for use by all of juvenile game providing business; |
4. | A person who conducts juvenile game providing business under subparagraph 6-2 (a) of Article 2 shall not provide game products not permitted for use by juveniles; |
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 juveniles are allowed pursuant to the Juvenile Protection Act) shall not admit juveniles to a game room; |
6. | He/she shall install a program or device for blocking obscene materials and speculative game products, as notified by the Minister of Culture, Sports and Tourism in game products and computer facilities, etc.: Provided, That the foregoing shall not apply where obscene materials and speculative game products cannot be connected even if a program or device for blocking obscene materials and speculative game products is not installed; |
7. | He/she shall observe business hours and hours for admitting juveniles prescribed by Presidential Decree; |
8. | He/she shall observe other matters prescribed by Presidential Decree as necessary for maintaining business order, etc. |
Article 29 (Succession to Business) |
(1) | When a business entity who has obtained permission pursuant to Article 25, or any business entity who has registered or reported pursuant to Article 26, transfers his/her business or dies, or such corporation is merged, such transferee, successor, or corporation which continues to exist following merger, or a corporation which is established by merger shall succeed to such business entity's position. <Amended by Act No. 8247, Jan. 19, 2007> |
(2) | Where a person whose permission, registration, or report is cancelled as the results of a business closure report pursuant to Article 30 intends to obtain permission, register, or report again within one year in the same category of business at the place where his/her business was closed, the relevant business entity shall succeed to a business entity's position before filing a business closure report. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 14424, Dec. 20, 2016> |
(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, Special Self-Governing Province Governor, and the head of a competent Si/Gun/Gu. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 15378, Feb. 21, 2018> |
Article 30 (Closure of Business and Ex Officio Cancellation) |
(1) | When a person who has obtained permission, registered or reported pursuant to Article 25 or 26 closes his/her business, he/she shall report business closure to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a competent Si/Gun/Gu within seven days from the date he/she closes business, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 15378, Feb. 21, 2018> |
(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/she has closed his/her business, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 15378, Feb. 21, 2018> |
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 Committee, a rating classification agency, and game products-related business entities observe this Act, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11139, Dec. 31, 2011; Act No. 11785, May 22, 2013; Act No. 13955, Feb. 3, 2016> |
(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 reffered to as Mayor/Do Governor), or the head of a Si/Gun/Gu may have game products related business entities prepare necessary reports or allow a relevant public official to have access to a 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 by Act No. 10554, Apr. 5, 2011; Act No. 15378, 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. <Newly Inserted by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
(4) | A relevant public official who has such access and performs inspections pursuant to paragraph (2) shall carry an identification indicating his/her authority and show it to interested persons. |
SECTION 2 Distribution and Indication of Game Products
Article 32 (Prohibition of Distribution of Illegal Game Products, etc.) |
(1) | No one shall perform the following acts hindering the good distribution order of game products: Provided, That in cases referred to in subparagraph 4, a person who conducts speculative business shall be excluded pursuant to the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 10554, Apr. 5, 2011; Act No. 14424, Dec. 20, 2016> |
1. | Providing game products for distribution or use which have not been classified pursuant to Article 21 (1), or displaying or keeping the same for such purposes; |
2. | Providing game products for the purpose of distribution or use, the contents of which are different from the classification obtained pursuant to Article 21 (1), or displaying or keeping the same for such purposes; |
3. | Providing 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 and selling, donating or lending a certificate of rating obtained pursuant to Article 22 (3) 1; |
6. | Distributing or providing game products with no indications of matters, such as rating and information about the contents of the game product, or game products with no device attached indicating information on the operation of the game product for use, in violation of Article 33 (1) or (2); |
7. | 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, 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. |
(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 an 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 (Duty of Indications) |
(1) | A person who produces or distributes game products for the purpose of providing for the distribution or use thereof shall indicate the trade name (in cases of game products annexed to books, referring to the trade name of the publishing company) of the person who produces or distributes such, the rating, and information about the contents of the game products of the relevant game products. <Amended by Act No. 14424, Dec. 20, 2016> |
(2) | A person who produces or distributes game products for the purpose of providing for the circulation or use thereof shall attach a device indicating information on the operation of the game products to the game products prescribed by Presidential Decree. <Amended by Act No. 8247, Jan. 19, 2007> |
(3) | Necessary matters concerning methods of providing indications pursuant to paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
Article 34 (Restrictions on Advertising or Publicity) |
(1) | No one shall perform the following acts: <Amended by Act No. 8247, Jan. 19, 2007> |
1. | Advertising contents different from those of the game products as classified, or distributing or posting the promotional materials thereof; |
2. | Distributing or posting advertising and promotional materials in which a rating different from the rating of the game products as classified is indicated; |
3. | Advertising with different indications from the information about the contents of game products, or distributing or posting the promotional materials thereof; |
4. | Advertising contents encouraging a speculative spirit, such as providing free gifts in addition to information about the contents of game products, or distributing or posting promotional materials. |
(2) | A person who conducts game providing business, business of providing Internet computer game facilities or combined distribution and game providing business shall not install or post advertising materials prescribed by Presidential Decree which may be misunderstood as a place for speculative acts or gambling. <Amended by Act No. 8247, Jan. 19, 2007> |
SECTION 3 Administrative Measures, such as Cancellation of Registration
Article 35 (Cancellation, etc. 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 subparagraphs, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may order him/her to suspend or close his/her business for a fixed period not exceeding six months: Provided, That when he/she falls under subparagraph 1 or 2, the head of a Si/Gun/Gu shall order him/her to close his/her business: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 15378, Feb. 21, 2018> |
1. | When he/she has registered by fraud or other improper means; |
2. | When he/she continues to conduct business in violation of a business suspension order; |
3. | When he/she fails to register modification in violation of Article 25 (2); |
4. | When he/she violates matters to be observed under Article 28; |
5. | When he/she violates a duty of prohibition of distribution of illegal game products, etc., under Article 32. |
(2) | When a person who has obtained permission for, registered, or reported game providing business, business of providing Internet computer game facilities or combined distribution and game providing business pursuant to Article 26 falls under any of the following subparagraphs, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may order him/her to suspend or close his/her business, or cancel permission or registration for a fixed period not exceeding six months: Provided, That when he/she falls under subparagraph 1 or 2, the head of a Si/Gun/Gu shall cancel permission or registration, or order him/her to close his/her business: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 15378, Feb. 21, 2018> |
1. | When he/she has obtained permission, registered, or reported by fraud or other improper means; |
2. | When he/she continues to conduct business in violation of a business suspension order; |
3. | When he/she fails to meet the standards of permission or registration pursuant to Article 26 (1) through (3); |
4. | When he/she fails to obtain permission for modification, or fails to register or report modification pursuant to Article 26 (4); |
5. | When he/she violates matters to be observed under Article 28; |
6. | When he/she falls under paragraph (1) 4 and 5. |
(3) | A person who has received a business closure order or is subject to a disposition of cancellation of permission or registration pursuant to paragraph (1) or (2) shall return a certificate of permission, a certificate of registration, or a certificate of report within seven days from the date he/she receives notice of such disposition. <Amended by Act No. 8247, Jan. 19, 2007> |
(4) | Detailed standards for administrative disposition referred to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism in consideration of the types and degrees, etc. of such offenses. <Amended by Act No. 8852, Feb. 29, 2008> |
Article 36 (Imposition of Penalty Surcharge) |
(1) | When the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu issues a disposition of business suspension because a person who conducts game providing business, business of providing Internet computer game facilities, or combined distribution or game providing business falls under any of the following subparagraphs, he/she may impose a penalty surcharge not exceeding 20 million won in lieu of such disposition of business suspension, as prescribed by Presidential Decree: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 15378, Feb. 21, 2018> |
1. | When he/she fails to meet the standard of permission or the standard of registration pursuant to Article 26 (1) and (2) or the main sentence of Article 26 (3); |
2. | When he/she violates matters to be observed under subparagraphs 4 through 8 of Article 28. |
(2) | The 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 by Act No. 8247, Jan. 19, 2007; Act No. 15378, Feb. 21, 2018> |
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, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013; Act No. 15378, Feb. 21, 2018> |
(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 Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Act No. 8852, Feb. 29, 2008> |
Article 37 (Succession to Effect of Disposition of Administrative Sanctions) |
(1) | Where a person succeeds to the position of a business entity pursuant to Article 29 (1), the effect of a disposition of administrative sanctions imposed on the previous business entity for a violation of the subparagraphs of Article 35 (1) or (2) shall devolve on any person who succeeds to the position of the business entity within one year from the date of such administrative disposition, and when the formalities for disposition of administrative sanctions are proceeding, such formalities may proceed with any person who succeeds to the position of the business entity: Provided, That the foregoing shall not apply where a transferee, a heir or a corporation which continues to exist after a merger does not know of such disposition or offense at the time of transfer or merger. |
(2) | Where a person succeeds to the position of a business entity pursuant to Article 29 (2), the effect of a disposition of administrative sanctions imposed for a violation of the subparagraphs of Article 35 (1) or (2) before reporting a closure of business shall devolve on any person who succeeds to the position of the business entity within one year from the date of such administrative disposition, and when the formalities for the disposition of administrative sanctions are proceeding, such formalities may proceed with any person who succeeds to the position of the business entity. |
Article 38 (Closure, Collection, etc.) |
(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 cancellation of permission or registration pursuant to Article 35 (1) or (2) in order to close such places of business: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 14424, Dec. 20, 2016; Act No. 15378, Feb. 21, 2018> |
1. | Removal or elimination of a signboard of the relevant business or the relevant place of business and other indications of business; |
2. | Attaching a notice informing that the relevant business or the relevant place of business is illegal; |
3. | Prohibiting by seal the use of apparatus or facilities necessary for business. |
(2) | When taking the measures referred to in paragraph (1), the head of a Si/Gun/Gu shall advise in advance the relevant business entity or his/her agent of such measures in writing: Provided, That the foregoing shall not apply where an urgent reason prescribed by Presidential Decree exists. <Amended by Act No. 14424, Dec. 20, 2016> |
(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, That 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, Etc. shall be excluded: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8852, Feb. 29, 2008> |
1. | Unrated game products or the contents of which are different from the rating 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 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/she shall deliver a certificate of removal to its owner or occupant: Provided, That this shall not apply where the owner or occupant refuses to receive the certificate of removal. <Amended by Act No. 14424, Dec. 20, 2016> |
(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 by Act No. 8852, 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/her authority and present it to interested persons. |
(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, Etc. or a person who supervises and manages a bulletin board referred to in subparagraph 9 of the same paragraph to refuse, suspend, or restrict 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 Committee in advance. <Newly Inserted by Act No. 10554, Apr. 5, 2011; Act No. 11785, 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 subparagraph 2-2 of Article 28 to improve such operation method or to improve or remove such apparatus, device, etc. The Minister of Culture, Sports and Tourism may, before giving such corrective order, determine the correction method and recommend that he/she comply with such method. <Newly Inserted by Act No. 10554, Apr. 5, 2011> |
(9) | A person who has received a recommendation of correction or a corrective order under paragraph (7) or (8) shall take measures within seven days and notify the chairperson of the Game Product Administration Committee or the Minister of Culture, Sports and Tourism of such result. <Newly Inserted by Act No. 10554, Apr. 5, 2011; Act No. 11785, May 22, 2013> |
(10) | The chairperson of the Game Product 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 paragraph (7) or (8) an opportunity to present his/her opinion on the matter in advance: Provided, That this shall not apply where he/she falls under any of the following subparagraphs: <Newly Inserted by Act No. 8739, Dec. 21, 2007; Act No. 10554, Apr. 5, 2011; Act No. 11785, May 22, 2013> |
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 an opinion; |
3. | Where he/she clearly express his/her intentions not to submit his/her opinion or delays advancing his/her opinion without good cause. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 39 (Establishment of Association, etc.) |
(1) | Game products related business entities may establish an association, etc., to promote the healthy development of business related to game products and the common interests of game products related business entities. |
(2) | The association, etc. established pursuant to paragraph (1) shall be a juristic person. |
(3) | The association, etc. established pursuant to paragraph (1) shall endeavor to maintain the healthy production and good distribution order of game products. |
(1) | The Government may provide a reward to a person who files a report or accusation of or arrests any of the following persons to the relevant administrative agency or investigation agency within budgetary limits: |
1. | A person who causes others to gamble, perform other speculative acts, or leaves others unattended so that they perform such acts, in violation of subparagraph 2 of Article 28; |
2. | A person who encourages speculation in violation of subparagraph 3 of Article 28; |
3. | A person who violates a duty of prohibition of distribution of illegal game products, etc., pursuant to Article 32; |
4. | A person who performs an act falling under any of the subparagraphs of Article 34 (1). |
(2) | Necessary matters concerning the standards, methods, and procedures for providing a reward pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 8247, Jan. 19, 2007]
Where the Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of a Si/Gun/Gu intends to order business closure pursuant to Article 35 (1) or cancel permission or registration pursuant to Article 35 (2), he/she shall hold a hearing. <Amended by Act No. 8247, Jan. 19, 2007; Act No. 15378, Feb. 21, 2018>
(1) | Any of the following persons shall pay fees, as prescribed by ordinances of a Si/Gun/Gu (referring to an autonomous Gu): <Amended by Act No. 8247, Jan. 19, 2007> |
1. | A person who registers game producing business or game distributing business or registers modification thereof pursuant to Article 25; |
2. | A person who intends to obtain permission or permission for modification, or register the modification, or report the modification of game providing business, business of providing Internet computer game facilities or combined distribution and game providing business pursuant to Article 26. |
(2) | Any of the following persons shall pay fees determined by the Committee with the approval of the Minister of Culture, Sports and Tourism: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8739, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11785, May 22, 2013> |
1. | A person who applies for rating classification under Article 21 (1); |
2. | A person who files an objection under Article 23; |
3. | A person who is required to undergo technical deliberation under Article 21; |
4. | A person who applies for confirmation of game products for testing under Article 21 (1) 3; |
5. | A person who is subject to a reclassification of rating because he/she reports a change on the contents of a game product under Article 21 (5). |
(3) | A person who intends to file an application for rating classification under Article 21 (1) with the rating classification agency shall pay a fee determined by the rating classification agency after obtaining approval from the Minister of Culture, Sports and Tourism. <Newly Inserted by Act No. 11139, Dec. 31, 2011> |
Article 42 (Delegation or Entrustment of Authority) |
(1) | The Minister of Culture, Sports and Tourism or a Mayor/Do Governor may delegate part of his/her authority granted pursuant to the provisions of this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
(2) | The authority of the Minister of Culture, Sports and Tourism, a Mayor/Do Governor, or the head of a Si/Gun/Gu granted pursuant to the provisions of this Act may be entrusted to the Committee or an association, etc., as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11785, May 22, 2013> |
Article 43 (Legal Fiction as Public Official in Application of Penalty Provisions) |
The executive officers and employees of the Committee and the Secretariat under Articles 16 through 18 and the executive officers and employees of a rating classification agency and an association, etc., who are engaged in the entrusted affairs pursuant to Articles 24-2 and 42 (2), shall be deemed public officials in application of the penalty provisions of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 11785, May 22, 2013> [This Article Wholly Amended by Act No. 11139, Dec. 21, 2011]
CHAPTER VII PENALTY PROVISIONS
Article 44 (Penalty Provisions) |
(1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 14424, Dec. 20, 2016> |
1. | A person who causes others to gamble or perform other speculative acts, or leaves others unattended so that they perform such things, in violation of subparagraph 2 of Article 28; |
1-2. | A person who encourages speculation in violation of subparagraph 3 of Article 28; |
2. | A person who performs an act falling under subparagraphs 1, 4, 7, 9, or 10 of Article 32 (1); |
3. | A person who continues to conduct business in spite of measures referred to in the subparagraphs of Article 38 (1) taken against him/her. |
(2) | Game products owned or occupied by a person falling under paragraph (1), gains obtained by such criminal acts (hereafter in this paragraph referred to as "criminal gains"), and property resulting from criminal gains shall be forfeited, and when they cannot be forfeited, the amount equivalent thereto shall be additionally collected. |
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 by Act No. 8247, Jan. 19, 2007; Act No. 10879, Jul. 21, 2011; Act No. 14199, May 29, 2016>
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 for game products by fraud or other improper means pursuant to Article 22 (4); |
1-3. | A person who has failed 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 sentence of (3); |
3. | Deleted; <by Act No. 8247, Jan. 19, 2007> |
3-2. | A person who provides game products not permitted for use by juveniles in violation of subparagraph 4 of Article 28; |
4. | A person who distributes, provides for use, displays, or keeps game products the contents of which are different from those of game products for which a rating has been obtained in violation of Article 32 (1) 2; |
5. | A person who buys and sells, donates, or lends a certificate of rating in violation of Article 32 (1) 5; |
6. | A person who produces or brings in game products in violation of the subparagraphs of Article 32 (2); |
7. | A person who distributes game products for which a duty of indications has not been performed or provides such for use in violation of Article 32 (1) 6 and Article 33; |
8. | A person who obtains permission, registers or reports by fraud or improper means pursuant to Article 35 (1) 1 and (2) 1; |
9. | A person who conducts business in violation of a business suspension order issued pursuant to Article 35 (2) 2; |
10. | A person who produces, distributes, or watches game products and game wares, etc., referred to in Article 38 (3) 3 or 4, or provides such for use, or displays or stores for such purposes. |
Article 46 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 8739, Dec. 21, 2007; Act No. 10554, Apr. 5, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14199, May 29, 2016>
1. | A person who conducts business without filing a report in violation of the proviso to Article 26 (3); |
2. | A person who admits juveniles in violation of the hours for admitting juveniles pursuant to subparagraph 7 of Article 28; |
3. | A person who provides game products in violation of the rating classification under Article 21-2 (4) pursuant to Article 32 (1) 3; |
3-2. | A person who distributes computer programs, apparatus or device not provided or approved by a game products related business entity or produces them for their distribution in violation of Article 32 (1) 8; |
4. | Deleted; <by Act No. 8247, Jan. 19, 2007> |
5. | A person who conducts business in violation of a business suspension order issued pursuant to Article 35 (1) 2; |
6. | A person who fails to comply with an order issued by the Minister of Culture, Sports and Tourism referred to in Article 38 (7) and (8). |
Article 47 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, or employee of, or other person employed, by the corporation or an individual commits an offense under Articles 44 through 46 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply to cases where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence. <Amended by Act No. 10554, Apr. 5, 2011> [The Constitutional Court decided this Article unconstitutional on Jul. 29, 2010 and this Article is amended by Act No. 10554, Apr. 5, 2011]
Article 48 (Administrative Fines) |
(1) | Any of the following persons shall be punished by an administrative fine not exceeding ten million won: <Amended by Act No. 8247, Jan. 19, 2007; Act No. 10879, Jul. 21, 2011; Act No. 13955, Feb. 3, 2016; Act No. 14199, May 29, 2016> |
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); |
2-3. | A person who fails to observe the duty of cooperation, in violation of Article 21-3 (2) 1; |
2-4. | A person who fails to notify to the Committee, in violation of Article 21-3 (2) 2; |
2-5. | A person who provides overseas game products to users, in violation of Article 21-5 (2); |
2-6. | A person who fails to comply with the order issued by the Minister of Culture, Sports and Tourism under Article 21-9 (3); |
3. | A person who fails to receive education in violation of subparagraph 1 of Article 28; |
4. | A person who admits juveniles to a general game room or a combined distribution and game room (excluding the cases where the access by juveniles are allowed pursuant to the Juvenile Protection Act) in violation of subparagraph 5 of Article 28; |
5. | A person who fails to install a program or a device blocking obscene materials and speculative game products in violation of subparagraph 6 of Article 28; |
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 Committee, 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; |
(2) | The Minister of Culture, Sports and Tourism, a Mayor/Do Governor, the head of a Si/Gun/Gu (hereinafter referred to as the "imposing authority") shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008> |
(3) | through (5) Deleted. <by Act No. 15378, Feb. 21, 2018> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Deleted. <by Act No. 11785, May 22, 2013>
Article 3 (Preparation Following Change of Rating Board within Rating Classification Agency)
The Minister of Culture and Tourism may conduct the business affairs necessary for preparation following the change of the rating business system, such as the establishment of the Rating Board, before this Act enters into force.
Article 4 (Transitional Measures concerning Business of Providing Multi-Media Cultural Contents Facilities)
A business of providing multi-media cultural contents facilities established pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act as at the time this Act enters into force shall be deemed a business of providing Internet computer game facilities established under this Act. Article 5 (Transitional Measures concerning Rating of Game Products)
(1) | Game products rated as permitted for use by persons 12 years old or 15 years old pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act as at the time this Act enters into force shall be deemed to have been rated as permitted for use by persons 12 years old or 15 years old pursuant to the amended provisions of Article 21 (2) of this Act: Provided, That game products rated as permitted for use by persons 18 years old shall be rated by the Rating Board pursuant to Article 16 within six months after this Act enters into force. |
(2) | The Rating Board may levy a prescribed fee necessary for revision of rating on a person who applies for rating reclassification pursuant to paragraph (1). |
[This Article Wholly Amended by Act No. 8247, Jan. 19, 2007]
Article 6 (Transitional Measures concerning Business on Report or Registration)
(1) | A person who has reported a game producing business or a distributing business pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act as at the time this Act enters into force shall be deemed to have reported such under this Act: Provided, That he/she shall be reissued a certificate of report within three months after this Act enters into force, as prescribed by Ordinance of the Ministry of Culture and Tourism. |
(2) | A game providing business entity or a combined distribution and game providing business entity who has registered pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act as at the time this Act enters into force shall be deemed to have registered under this Act: Provided, That he/she shall be reissued a certificate of registration within three months after this Act enters into force, as prescribed by Ordinance of the Ministry of Culture and Tourism. |
Article 7 (Transitional Measures concerning Devices Indicating Information on Operation of Game Products)
All game products rated pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act as at the time this Act enters into force shall attach a device indicating information on the operation of the game product pursuant to Article 33 (2), within six months after this Act enters into force. Article 8 (Transitional Measures concerning Administrative Disposition and Restrictions on Business)
A person who was or is subject to an administrative disposition, disposition of penalty surcharge or restrictions on business pursuant to the provisions of the previous Sound Records, Video Products, and Game Software Act as at the time this Act enters into force shall be deemed to be or have been subject to an administrative disposition, disposition of penalty surcharge or restriction on business pursuant to the provisions of this Act. Article 9 (Transitional Measures concerning Penalty Provisions, etc.)
Article 10 Omitted.
Article 11 (Relationship with other Acts)
Where the previous Sound Records, Video Products, and Game Software Act or the provisions thereof are cited by other Acts and subordinate statutes as at the time this Act enters into force, when the provisions corresponding thereto are in this Act, this Act or the relevant provisions of this Act shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA <Act No. 8247, Jan. 19, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 32 (1) 7 and 44 (1) 2 shall enter into force on the date of its promulgation, the amended provisions of subparagraph 3 of Article 28 shall enter into force on April 29, 2007, and the amended provisions of subparagraphs 5 and 6 of Article 28 shall enter into force nine months after the date of its promulgation, respectively. Article 2 (Transitional Measures concerning Registration, etc)
(1) | A game producing business entity or a game distributing business entity who has filed a report pursuant to the previous Article 25 as at the time this Act enters into force shall be deemed to have registered as a game producing business entity or a game distributing business entity pursuant to the amended provisions of Article 25: Provided, That he/she shall be delivered a certificate of registration pursuant to the amended provisions of Article 25 within six months after this Act enters into force. |
(2) | A person who intends to obtain permission to operate as a general game providing business entity pursuant to the amended provisions of Article 26 among the game providing business entities who have registered pursuant to the previous Article 26 as at the time this Act enters into force shall meet the standards thereof and obtain permission within one year after this Act enters into force. |
(3) | A person who intends to register as a juvenile game providing business entity pursuant to the amended provisions of Article 26 from among the game providing business entities who have registered pursuant to the previous Article 26 as at the time this Act enters into force shall meet the standards thereof and register within six months after this Act enters into force. |
(4) | A person who conducts business of providing Internet computer game facilities pursuant to the previous provisions as at the time this Act enters into force shall meet the standards thereof and register within six months after this Act enters into force. |
ADDENDA <Act No. 8739, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That Article 2 of the Addenda shall apply on October 20, 2007.
Article 2 (Special Cases concerning Registration of Juvenile Game Providing Business, etc)
(1) | A juvenile game room business entity who has filed a report pursuant to Article 26 (2) of the Sound Records, Video Products, and Game Software Act repealed by Act No. 7943 or a game providing business entity who has registered pursuant to the previous Act (referring to the Act previously amended pursuant to the partially amended Game Industry Promotion Act, Act No. 8247; hereinafter the same shall apply) as at the time the partially amended Game Industry Promotion Act, Act No. 8247, enters into force may, notwithstanding Article 26 of the same amended Act and Article 2 (3) of the Addenda thereto, register a juvenile game providing business after meeting the standards thereof by May 17, 2008 after this Act enters into force. |
(2) | A person who conducts business of providing Internet computer game facilities pursuant to the previous Act as at the time the partially amended Game Industry Promotion Act, Act No. 8247, enters into force may, notwithstanding Article 2 (4) of the Addenda to the same amended Act, register after meeting the standards thereof by May 17, 2008 after this Act enters into force. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9928, Jan. 1, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 10554, Apr. 5, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10629, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 10879, Jul. 21, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11048, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11139, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 2 of the Addenda to the Game Industry Promotion Act (Act No. 7941) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Appointment and Term of Office of Members)
(1) | Pursuant to Article 16 (4), the Minister of Culture, Sports and Tourism shall newly appoint a fixed number of members determined under the amended provisions of Article 16 (3) within three months after this Act enters into force. |
(2) | The term of office of the members appointed pursuant to Article 16 (4) as at the time this Act enters into force shall expire on the date prior to the date they are newly appointed pursuant to paragraph (1), notwithstanding Article 16 (5). |
Article 3 (Transitional Measures concerning Entrustment of Affairs)
(1) | Notwithstanding the amended provisions of Article 24-2, the previous provisions shall apply to the treatment of rating classifications of game products applied for as at the time this Act enters into force. |
(2) | Notwithstanding the amended provisions of Article 24-2, the previous provisions shall apply to the treatment of game products, the revised contents of which have been reported as at the time this Act enters into force. |
ADDENDA <Act No. 11315, Feb. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11785, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 2 of the Addenda of the Game Industry Promotion Act (No. 7941) and Article 2 of the Addenda shall enter into force on the date of its promulgation. Article 2 (Preparation for Establishment of Game Product Administration Committee)
(1) | The Minister of Culture, Sports and Tourism shall organize a task force to establish a Game Product Administration Committee (hereinafter referred to as "task force") in order to take charge of the affairs concerning the establishment of the Game Product Administration Committee. |
(2) | The task force shall consist of not more than five members appointed or commissioned by the Minister of Culture, Sports and Tourism. |
(3) | The task force shall prepare the articles of incorporation before this Act enters into force and register the establishment of the Game Product Administration Committee with the authorization of the Minister of Culture, Sports and Tourism after this Act enters into force. |
(4) | The task force shall hand over its affairs to the Game Product Administration Committee without delay after its establishment, and the members of the task force shall be deemed dismissed or decommissioned when the handing over is completed. |
(5) | Task force members, other than public officials, shall be deemed public officials in application of the provisions of Articles 129 through 132 of the Criminal Act concerning the affairs. |
(6) | Expenses incurred in establishing the Game Product Administration Committee shall be borne by the Game Product Administration Committee. |
Article 3 (Agents for Affairs)
The Game Rating Board shall act on behalf of the Game Product Administration Committee before its establishment.
Article 4 (Succession, etc. to Rights, Obligations, and Property)
(1) | The former Game Rating Board shall be deemed discontinued at the same time the Game Product Administration Committee is established, and the Game Product Administration Committee shall succeed to the rights, obligations, and property of the former Game Rating Board since the day of establishment. |
(2) | A rating received by the former Game Rating Board shall be deemed received by the Game Product Administration Committee. |
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, the amended part of any Act to be amended pursuant to Article 6 of the Addenda, which was promulgated before this Act enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13955, Feb. 3, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14199, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017.
Article 2 (Transitional Measures concerning Previous Business Entities)
(1) | A business entity who consulted with the Committee pursuant to the previous Article 21 (9) as at the time this Act enters into force (hereinafter referred to as “previous business entity”) may distribute game products pursuant to the previous Article 21 (1) 4 and (9) through (11) for two years from the enforcement date of this Act. |
(2) | Article 2 (1) of the Addenda shall not apply to where the previous business entity was designated as the business entity who is allowed to independently conduct rating classification pursuant to the amended provision of Article 21-2 (1). |
Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The former provisions shall apply to the application of the penalty provisions and administrative fines for the acts done before this Act enters into force.
ADDENDUM <Act No. 14424, Dec. 20, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 6 (c) of Article 2 and Articles 8 (2), 29 (2), 33 (1), 38 (1) 1 and 2, (2), and (4) and the amended provisions of Article 21 (1) of the Game Industry Promotion Act (Act No. 14199) shall enter into force on January 1, 2017.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the day on which it enters into force has not yet arrived, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15378, Feb. 21, 2018>
This Act shall enter into force on the date of its promulgation.