ENFORCEMENT DECREE OF THE GAME INDUSTRY PROMOTION ACT
Presidential Decree No. 19717, Oct. 27, 2006
Amended by Presidential Decree No. 20058, May 16, 2007
Presidential Decree No. 20252, Sep. 10, 2007
Presidential Decree No. 20676, Feb. 29, 2008
Presidential Decree No. 21148, Dec. 3, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21634, Jul. 22, 2009
Presidential Decree No. 21722, Sep. 10, 2009
Presidential Decree No. 22003, Jan. 27, 2010
Presidential Decree No. 22076, Mar. 15, 2010
Presidential Decree No. 22541, Dec. 21, 2010
Presidential Decree No. 23017, Jul. 4, 2011
Presidential Decree No. 23036, Jul. 19, 2011
Presidential Decree No. 23348, Dec. 6, 2011
Presidential Decree No. 23523, Jan. 20, 2012
Presidential Decree No. 23863, jun. 19, 2012
Presidential Decree No. 24042, Aug. 13, 2012
Presidential Decree No. 24102, Sep. 14, 2012
Presidential Decree No. 24406, Mar. 18, 2013
Presidential Decree No. 24453, Mar. 23, 2013
Presidential Decree No. 24865, Nov. 20, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 26016, Jan. 6, 2015
Presidential Decree No. 27043, Mar. 22, 2016
Presidential Decree No. 27120, May 3, 2016
Presidential Decree No. 27234, jun. 21, 2016
Presidential Decree No. 27323, Jul. 6, 2016
Presidential Decree No. 27503, Sep. 21, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27719, Dec. 30, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28236, Aug. 9, 2017
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 29972, Jul. 9, 2019
Presidential Decree No. 30068, Sep. 3, 2019
Presidential Decree No. 30604, Apr. 7, 2020
Presidential Decree No. 31206, Dec. 1, 2020
Presidential Decree No. 31221, Dec. 8, 2020
Presidential Decree No. 31222, Dec. 8, 2020
Presidential Decree No. 31379, Jan. 5, 2021
Presidential Decree No. 32156, Nov. 30, 2021
Presidential Decree No. 32705, jun. 21, 2022
The purpose of this Decree is to prescribe matters delegated by the Game Industry Promotion Act and matters necessary for the enforcement thereof.
| Article 1-2 (Speculative Game Products) |
[This Article Newly Inserted on May 16, 2007]
| Article 2 (Extent of Provision of Game Products Excluded from Game Providing Business) |
| (1) | "Where a person provides game products according to the type and method, or other matters prescribed by Presidential Decree" in subparagraph 6 (c) of Article 2 of the Act means where a person provides game products by satisfying all the following standards: <Amended on May, 16, 2007; Sep. 10, 2009; May 3, 2016> |
| 1. | Only the game products permitted for use by all shall be provided; |
| 2. | Game products, the number of which does not exceed the number determined and publicly notified by the Minister of Culture, Sports and Tourism, shall be installed for each business place; |
| 3. | Game products shall be installed in a building where the business place concerned is located. |
| (2) | “Where a person provides game products according to the type, method, or other matters prescribed by Presidential Decree” in the proviso of subparagraph 7 of Article 2 of the Act means where a person provides game products by satisfying all the following standards: <Newly Inserted on May 3, 2016> |
| 1. | Only the game products permitted for use by all shall be provided; |
| 2. | Necessary apparatus and equipment such as computers, the number of which does not exceed the number determined and publicly notified by the Minister of Culture, Sports and Tourism, shall be installed to use game products for each business place; |
| 3. | Necessary apparatus and equipment, such as computers, shall be installed in a building where the business place concerned is located. |
[Title Amended on May 3, 2016]
| Article 3 (Comprehensive Plan for Promotion of Game Industry) |
"Matters prescribed by Presidential Decree" in Article 3 (2) 8 of the Act shall be as follows: <Amended on Feb, 29, 2008; Jul. 19, 2011> | 1. | Securing and managing financial resources for the promotion of the game industry; |
| 2. | Creation of jobs in the game industry, the development of export markets, and the facilitation of industrial revitalization; |
| 3. | Improvements of the distribution structure of the game industry; |
| 5. | Policies for the protection of intellectual property rights to game products under Article 13 of the Act; |
| 6. | Matters concerning the protection of personal information on users of game products; |
| 7. | Other matters deemed necessary for the promotion of the game industry by the Minister of Culture, Sports and Tourism. |
| Article 4 (Extent of and Procedures for Support for Establishment of Business and Development of High Quality Game Wares) |
| (1) | The Minister of Culture, Sports and Tourism may, within budgetary limits, provide the following support to persons establishing a business or developing high quality game wares and amateur producers of game products for non-profit purposes pursuant to Article 4 of the Act: <Amended on Feb. 29, 2008; Jun. 19, 2012> |
| 1. | Support for persons establishing a business: |
| (a) | Subsidization of initial business expenses; |
| (b) | Subsidization of purchase or lease of related equipment, such as game products and hardware; |
| 2. | Support for persons developing high quality game wares: |
| (a) | Provision of development funds; |
| (b) | Support for the distribution of game wares; |
| (c) | Support for expansion into overseas markets; |
| 3. | Financial support for the production of game products to amateur producers of game products for non-profit purposes. |
| (2) | Deleted. <Dec. 6, 2011> |
| (3) | Detailed procedures for the selection of persons eligible for support under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Dec. 6, 2011> |
[Title Amended on Jun 19, 2012]
| Article 5 (Training for Professionals) |
| (1) | The head of a relevant central administrative agency may designate any of the following institutions or organizations as a training institution for game industry professionals (hereinafter referred to as "professional training institution") pursuant to Article 5 (2) of the Act: <Amended on Jul. 9, 2019> |
| 1. | Universities which set up and operate a curriculum related to games, or research institutes or educational institutions which conduct research on games; |
| 5. | Other institutions or organizations publicly notified by the Minister of Culture, Sports and Tourism, as deemed to have a capability to train game industry professionals. |
| (2) | A person who seeks designation as a professional training institution under paragraph (1) shall submit to the head of a relevant central administrative agency an application for designation in which the following matters are entered: <Amended on Jan. 5, 2021> |
| 1. | A plan related to the training of professionals; |
| 2. | Matters concerning the formation of a curriculum, instructors, and similar matters; |
| 3. | Matters concerning facilities and installations necessary for the training of professionals; |
| 4. | A plan for financing operating expenses. |
| (3) | When the head of a relevant central administrative agency intends to designate a professional training institution pursuant to paragraph (1), he or she shall, in advance, consult with the Minister of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| (4) | The head of a relevant central administrative agency may bear all or some of the expenses falling under any of the following subparagraphs on behalf of a professional training institution designated under paragraph (1): |
| 1. | Instructor fees and allowances; |
| 2. | Expenses for training textbooks, apparatus and materials for practical training; |
| 3. | Other necessary expenses incurred in the training of professionals. |
| Article 6 (Promotion of Standardization) |
| 1. | Game products standards; |
| 2. | External appearance of a game machine or apparatus; |
| 3. | Apparatus for indicating information on the operation of a game product; |
| 4. | Apparatus for inserting money or such into a game machine or a device for recognizing free gifts, or such; |
| 5. | Apparatus for operating a game machine, such as for playing or stopping a game. |
| Article 7 (Education of Game Products Related Business Entities) |
| (1) | Education provided to a game products related business entity under Article 9 (3) of the Act shall be three hours per year. |
| (2) | Where it is impracticable for a game products related business entity to complete education owing to unavoidable circumstances, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may require a person in charge of managing each place of business from among the employees of such business entity to receive education instead of the game products related business entity. <Amended on Sep. 3, 2019; Dec. 1, 2020> |
| (3) | Detailed methods of providing the education under paragraphs (1) and (2) and other matters necessary for the education shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008> |
| Article 7-2 (Fact-Finding Survey) |
| (1) | The head of a relevant central administrative agency shall investigate annually the current status of the game industry and the status of use of game products by each relevant field pursuant to Article 11 (2) of the Act. |
| (2) | The head of a relevant central administrative agency may request local governments and relevant institutions or organizations to submit materials on the current status related to the game industry for the purpose of investigating the status referred to in paragraph (1). |
[This Article Newly Inserted on May 16, 2007]
| Article 8 (Creating Foundation for Game Culture) |
The head of a relevant central administrative agency may conduct the following activities pursuant to Article 12 (1) of the Act or provide assistance to institutions or organizations which conduct such activities: | 1. | Investigation of the status of use of games; |
| 2. | Development of indices for excessive game immersion; |
| 3. | Education and publicity on medical treatment for and the prevention of excessive game immersion; |
| 4. | Assistance for the operation of counseling facilities for medical treatment and the prevention of excessive game immersion; |
| 5. | Development and dissemination of programs for medical treatment and the prevention of excessive game immersion; |
| 6. | Training of professionals for medical treatment and the prevention of excessive game immersion; |
| 7. | Enhancement of social recognition of game culture; |
| 8. | Development and dissemination of experiential and educational programs on game culture; |
| 9. | Activities on the protection of the personal information of game users; |
| 10. | Production of and assistance to game products for educational and functional purposes. |
| Article 8-2 (Prevention, etc. of Excessive Game Immersion) |
| 1. | Research on the prevention of and cure for excessive game immersion or such; |
| 2. | Development of programs related to the prevention of excessive game immersion or such; |
| 3. | International exchange and cooperation among specialized institutions or organizations conducting business related to the prevention of excessive game immersion, etc. |
| (2) | The Minister of Culture, Sports and Tourism may assist specialized institutions or organizations which have a track record of conducting business for the prevention of excessive game immersion, etc. for at least three years within budgetary limits, pursuant to Article 12-2 (2) of the Act. <Amended on Feb. 29, 2008> |
[This Article Newly Inserted on May 16, 2007]
| Article 8-3 (Preventive Measures against Excessive Immersion in and Addiction to Games) |
| (2) | Notwithstanding paragraph (1), the following game products shall be excluded from those subject to preventive measures under Article 12-3 (1) of the Act: <Amended on Jun. 21, 2022> |
| 3. | Game products provided free of charge, in which personal information of users are neither collected nor used. |
| (3) | A game products related business entity (which shall be limited to game products related business entities under Article 12-3 (1) of the Act; hereafter the same shall apply in this Article) shall prepare means by which the identity of a user of a game product can be verified, such as through a request to a certification-service provider referred to in subparagraph 8 of Article 2 of the Digital Signature Act or to any other third party or administrative agency providing personal verification services, face-to-face verification, etc. when the user of the game product signs up for a membership, as prescribed in Article 12-3 (1) 1 of the Act. <Amended on Dec. 8, 2020> |
| (4) | A game products related business entity shall obtain the consent of legal representatives using any of the following methods pursuant to Article 12-3 (1) 2 of the Act: <Amended on Jun. 21, 2022> |
| 1. | Method of publishing consent information on the information and communication network and requiring legal representatives to indicate whether they consent or not; |
| 2. | That the game products related business entity directly issues a document stating the details of the consent or delivers such document to the legal representatives by mail or fax, and requests them to submit the document after affixing their seal or signature on the details of the consent; |
| 3. | That the game products related business entity sends an electronic mail message stating the details of the consent to the legal representatives and receives electronic mail messages stating the expression of consent from them; |
| 4. | That the game products related business entity informs the legal representatives of the details of the consent and obtains their consent over the phone, or informs the legal representatives of the method by which he or she may check the details of the consent, such as the Internet address, and obtains their consent over the phone again. |
| (5) | The restriction on method of using game products, time for using game products, etc. mentioned in Article 12-3 (1) 3 of the Act shall be imposed by providing services or programs that make such restrictions possible by setting a specific hour or period. |
| (6) | When a game products related business entity gives notice to a youth and his or her legal representative pursuant to Article 12-3 (1) 4 of the Act, it shall give notice to them by sending a text message from mobile phones, by email or fax, over the phone, or in writing at least once a month. |
| (7) | Each game products related business entity shall post the warning phrase "excessive gaming may interfere with normal daily life" on the game screen for at least three seconds per hour during the game pursuant to Article 12-3 (1) 5 of the Act. |
| (8) | Each game products related business entity shall conspicuously indicate the detailed lapse of time spent playing the game on the game screen for at least three seconds per hour during the game to the extent that such indication does not interfere with the game pursuant to Article 12-3 (1) 6 of the Act. |
| (9) | Where the Minister of Culture, Sports and Tourism requests a game products related business entity to submit data or file a report pursuant to Article 12-3 (4) of the Act, he or she shall make such request in writing (including an electronic document). |
[This Article Newly Inserted on Jan. 20, 2012]
| Article 8-4 Deleted. <Jun. 21, 2022> |
| Article 9 (Protection of Intellectual Property Rights) |
Entities that may be designated as a specialized institution or organization in the field of intellectual property rights pursuant to Article 13 (3) of the Act shall be as follows: <Amended on Jul. 22, 2009; Jul. 19, 2011; Sep. 21, 2016> [Title Amended on Jul. 19, 2011]
| Article 10 Deleted. <Aug. 13, 2012> |
| Article 11 (Recommendation of Members of Game Rating and Administration Committee) |
| (1) | "Organizations prescribed by Presidential Decree" in Article 16 (4) of the Act means any of the following institutions or organizations: <Amended on May 16, 2007; Sep. 10, 2007; Feb. 29, 2008; Mar. 15, 2010; Mar. 23, 2013; Nov. 20, 2013> |
| 1. | Education-related organizations designated by the Minister of Education; |
| 2. | Law-related organizations designated by the Minister of Justice; |
| 2-2. | Organizations related to the promotion of industries designated by the Minister of Trade, Industry and Energy; |
| 3. | Youth-related organizations designated by the Minister of Gender Equality and Family; |
| 7. | Institutions or organizations designated by the Minister of Culture, Sports and Tourism, from among the following institutions: |
| (b) | Corporations established for the purpose of developing the press and promoting press culture pursuant to Article 32 of the Civil Act; |
| (c) | Non-profit, non-governmental organizations. |
| (2) | Upon receipt of a request by the Minister of Culture, Sports and Tourism, an institution or an organization falling under paragraph (1) shall select three persons as recommended persons from among the persons with at least three years of work experience in the relevant fields, by taking into consideration gender, and notify the Minister of Culture, Sports and Tourism of such fact. <Amended on May 16, 2007; Feb. 29, 2008; Nov. 20, 2013> |
| (3) | When appointing members of the Game Rating and Administration Committee pursuant to Article 16 of the Act (hereinafter referred to as the "Committee"), the Minister of Culture, Sports and Tourism shall appoint the members to ensure that the Committee is evenly comprised of persons from various fields. <Amended on Feb. 29, 2008; Nov. 20, 2013> |
[Title Amended on Nov. 20, 2013]
| Article 11-2 (Post Management Business of Secretariat) |
The Secretariat of the Committee shall support public officials who conduct verification and inspection of whether game products rated pursuant to Article 18 (3) of the Act are legitimately distributed and who crack down on illegal games. <Amended on Nov. 20, 2013> [This Article Newly Inserted on May 16, 2007]
| Article 11-3 (Game Products with No Rating) |
| (1) | "Game products prescribed by Presidential Decree" in Article 21 (1) 2 of the Act means any of the following game products: <Amended on Sep. 3, 2019> |
| 2. | Game products produced and distributed for non-profit purposes in the Republic of Korea by persons other than those falling under Article 25 (1) 1 through 3 of the Act: Provided, That game products including the contents of game products rated as not permitted for use by youths under Article 21 (2) 4 of the Act shall be excluded: |
| (a) | Deleted; <Nov. 30, 2021> |
| (b) | Deleted. <Nov. 30, 2021> |
| (2) | "Game products prescribed by Presidential Decree" in Article 21 (1) 4 of the Act means game products created by individuals, clubs, etc. simply for disclosure in the Republic of Korea. <Newly Inserted on Nov. 30, 2021> |
| (3) | A person who intends to produce or distribute game products may seek prior verification from the Committee as to whether the relevant game products fall under the game products referred to in each subparagraph of paragraph (1) or paragraph (2). <Amended on Nov. 20, 2013; Sep. 3, 2019; Nov. 30, 2021> |
[Title Amended on Nov. 30, 2021]
[Moved from Article 13; previous Article 11-3 moved to Article 11-4 <Sep. 3, 2019>]
| Article 11-4 (Game Products for Testing) |
| 1. | It shall not be a game product falling under any of the subparagraph 1-2 (a) through (f) of Article 2 of the Act; |
| 2. | It shall meet the standards prescribed in attached Table 1. |
| (2) | A game producing business entity or game distributing business entity who intends to evaluate the performance and safety of game products, user satisfaction, etc. using the game products for testing shall file an application for confirmation of game products for testing with the Committee. <Amended on Nov. 20, 2013> |
| (3) | The Committee shall verify whether the relevant game product meets all the requirements referred to in paragraph (1) (including verification by at least one member of the Committee) within seven days from the date it receives the application and issue a certificate of verification of game products for testing. <Amended on Nov. 20, 2013> |
| (4) | A person who provides a game product for testing shall mark it as a game product for testing under paragraph (3) for the purpose of making the game product concerned known to all as game products for testing and notify users of instructions for use and precautions. |
| (5) | Where a person who has obtained verification of a game product for testing pursuant to paragraph (3) is unable to complete a test within a testing period, he or she may file an application for extension of the period, up to two times, and the Committee shall grant the extension unless there is a compelling reason not to do so. <Amended on Nov. 20, 2013> |
[This Article Newly Inserted on May 16, 2007]
[Moved from Article 11-3 <Sep. 3, 2019>]
| Article 12 (Technological Deliberation on Game Products) |
| (1) | Where a game product for which an application for rating classification has been submitted under Article 21 (8) of the Act falls under any of the following subparagraphs, the Committee may conduct a technological deliberation on such game product: <Amended on Nov. 20, 2013> |
| 1. | Where the rating classification is conducted for game products falling under any of the subparagraph 1-2 (a) through (f) of Article 2 of the Act, which are provided to a game providing business entity (hereinafter referred to as "game products for places of game providing business"); |
| 2. | Where it intends to classify a game product as the game products permitted for use by all of youth game providing business entities, on which free gifts are offered (excluding the game product confirmed by the Committee that it is unlikely to be produced, distributed, or provided for use different from the use befitting its rating) pursuant to the proviso of subparagraph 3 of Article 28 of the Act. |
| (2) | When the Committee conducts a technological deliberation on the game products under paragraph (1), it shall verify whether the game products have the following functions: <Newly Inserted on Nov. 20, 2013> |
| 1. | Preventing renovation and alteration of the software for operating game products; |
| 2. | Recognizing forgery and falsification of money; |
| 3. | Operation of a device indicating information on the operation of game products (hereinafter referred to as "device indicating operating information") under Article 33 (2) of the Act. |
| (3) | The chairperson of the Committee shall determine the methods of conducting deliberation under paragraphs (1) and (2) and other matters necessary for deliberation, in consultation with the Minister of Culture, Sports and Tourism and the Minister of Trade, Industry and Energy. <Amended on May 16, 2007; Feb. 29, 2008; Mar. 23, 2013; Nov. 20, 2013> |
[Title Amended on May 16, 2007]
[Previous Article 13 moved to Article 11-3 <Sep. 3, 2019>]
| Article 14 (Notification to Heads of Administrative Agencies) |
"Head of an administrative agency prescribed by Presidential Decree" in Article 24 of the Act shall be as follows: <Amended on Feb. 29, 2008; Dec. 31, 2008; Mar. 15, 2010; Mar. 23, 2013; Sep. 3, 2019> | 1. | The Minister of Culture, Sports and Tourism; |
| 2. | The Minister of Trade, Industry and Energy; |
| 3. | The Chairman of the Korea Communications Commission; |
| 4. | The Minister of Gender Equality and Family; |
| 5. | The Prosecutor General; |
| 6. | The Commissioner General of the Korean National Policy Agency; |
| 7. | The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). |
| Article 14-2 (Requirements for Designation of Rating Classification Agency) |
"Human resources, facilities, etc. prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 24-2 (1) of the Act means personnel and facilities that meet the following standards: <Amended on Nov. 20, 2013; Dec. 8, 2020> | 1. | The rating classification agency shall be organized in the form of a committee comprised of at least seven persons with much expert knowledge and experience in the fields of cultural art, cultural industries, youth, law, education, media, information and communications, and shall be evenly comprised of persons engaged in each field; |
| 2. | The rating classification agency shall have an office organization comprised of at least five persons, including three software engineers defined in subparagraph 10 of Article 2 of the Software Industry Promotion Act or persons who have work experience in the game industry for at least three years; |
| 3. | The rating classification agency shall have a conference room and other business facilities to conduct the rating classification; |
| 4. | The rating classification agency shall establish an online business system to conduct the rating classification; |
| 5. | The rating classification agency shall have the financial capability to stably conduct the rating classification; |
| 6. | The rating classification agency shall be a nonprofit corporation incorporated with the permission of the Minister of Culture, Sports and Tourism pursuant to Article 32 of the Civil Act. |
[This Article Newly Inserted on Jun. 19, 2012]
| Article 14-3 (Evaluation of Propriety of Rating Classification Agency) |
The Minister of Culture, Sports and Tourism shall establish standards for the evaluation of the propriety of business performance of the rating classification agency under Article 24-2 (2) of the Act, by taking into consideration the adequacy of rating classification decisions, efficiency of the processing of business affairs, customer satisfaction, etc., and formulate the methods of evaluation according to the standards, and conduct evaluations accordingly. [This Article Newly Inserted on Nov. 20, 2013]
| Article 15 (Cases of Producing Game Products Excluded from Registration) |
| 1. | Where a person produces a gaming machine with which no one can play a game; |
| 2. | Where a person produces game products only aimed at certain people for the purpose other than the purpose of distribution and providing something to watch and entertainment; |
| 3. | Where a person produces game products which do not fall under game products subject to rating classification pursuant to the subparagraphs of Article 21 (1) of the Act. |
[Title Amended on May 16, 2007]
| Article 15-2 (Permission to Engage in General Game Providing Business) |
| (1) | A person who intends to obtain permission to engage in general game providing business pursuant to Article 26 (1) of the Act shall have facilities in place meeting the standards referred to in attached Table 1-2. |
| (2) | A person who intends to obtain permission to engage in general game providing business pursuant to paragraph (1) shall submit an application for permission and documents attached thereto to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended on Feb. 29, 2008; Sep. 3, 2019> |
[This Article Newly Inserted on May 16, 2007]
| Article 16 (Business Hours and Restrictions on Hours for Admitting Youth) |
Business hours and hours for admitting youths referred to in subparagraph 7 of Article 28 of the Act shall be as follows: <Amended on May 16, 2007; 007; Sep. 10, 2009; Dec. 21, 2010; Mar. 18, 2013; Presidential Decree No.28236, Aug. 9, 2017> | (a) | Business hours of general game providing business entities shall be from 9:00 a.m. to 12:00 p.m.; |
| (b) | Business hours of combined distribution and game providing business entities shall be 9:00 a.m. to 12:00 p.m.: Provided, That the following cases shall not be subject to restrictions on business hours: |
| (i) | Youth game providing business which is not subject to restrictions on business hours pursuant to the proviso of item (c), and combined distribution and game providing business entities whose business under this Act or other Act is performed together in the same place; |
| (ii) | Business providing Internet computer game facilities entities which is not subject to restrictions on business hours pursuant to item (d), combined distribution and game providing business entities whose business under this Act or other Act is performed together in the same place; |
| (c) | Business hours of juvenile game providing business entities shall be from 9:00 a.m. to 12:00 p.m.: Provided, That in cases where the number and the area of installation of game products permitted for use by all for which it is possible to provide the results acquired from game service (including free gifts offered pursuant to the proviso of subparagraph 3 of Article 28 of the Act) among youth game providing business entities do not exceed 20/100 of the total number and area of installation of game products, they shall not be subject to restrictions on business hours; |
| (d) | Game product related business entities excluded from the main clause of item (a) and (b) and the main clause of item (c) shall not be subject to restrictions on business hours; |
| 2. | Hours for admitting youths: |
| (a) | Hours for admitting youths to youth game providing business entities, combined distribution and game providing business entities (only applicable where youths’ entry is allowed pursuant to the proviso Article 5 (1) 2 of the Enforcement Decree of the Juvenile Protection Act), and business providing Internet computer game facilities entities shall be 9:00 a.m. to 10:00 p.m.: Provided, That where a youth is accompanies by a person having parental authority, a guardian, a teacher or a supervisor of his or her place of work, or any other person who is in a position to protect or supervise the youth concerned, such youth may be admitted during hours other than the hours for admitting youths; |
| (b) | Hours for admitting youths shall not apply to game products related business entities other than item (a). |
| Article 16-2 (Types of Free Gifts) |
The types of free gifts which may be offered pursuant to the proviso of subparagraph 3 of Article 28 of the Act and the standards and methods therefor shall be as follows: <Amended on Sep. 14, 2012; Dec. 1, 2020; Jun. 21, 2022> | (b) | Cultural goods, sports supplies and household goods: Provided, That any of the following goods shall be excluded herefrom: |
| (i) | Goods with use-by date, expiration date, or sell-by date, such as food; |
| (ii) | Goods that may cause obscenity, speculation, or violence; |
| (iii) | Goods which may do harm to the mind and body; |
| 2. | Standards for providing free gifts: |
The price of a free gift to be offered shall not exceed the consumer selling price (referring to selling prices at general retail stores) of 10,000 won;
| 3. | Methods for providing free gifts: |
Free gifts shall be provided only through free gifts offering apparatus of game products that have undergone deliberation when assigned a rating, and shall not be directly provided by persons related to business offices.
[This Article Newly Inserted on May 16, 2007]
| Article 17 (Matters to be Observed by Game Products related Business Entities) |
"Matters prescribed by Presidential Decree" in subparagraph 8 of Article 28 of the Act shall be as specified in attached Table 2. <Amended on May 16, 2007>
| Article 18 (Succession to Business) |
| 1. | Game producing business and game distributing business: Places of business, business facilities, and apparatus; |
| 2. | Game providing business: Places of business and game products; |
| 3. | Combined distribution and game providing business: Places of business, game products, facilities, and apparatus necessary for other business. |
| Article 18-2 (Post Management) |
| (1) | "The head of a relevant administrative agency prescribed by Presidential Decree" in Article 31 (3) of the Act means the Minister of Gender Equality and Family. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall submit a report on the status of game products related business entities twice every year (once per half year) in which the following matters are included, pursuant to Article 31 (3) of the Act: |
| 1. | The current status of permission, registration, etc. of game products related business entities and changed matters; |
| 2. | Matters concerning the types of game products provided by game products related business entities; |
| 3. | The current status of administrative dispositions regarding game products related business entities and the current status of litigation related to administrative dispositions. |
[This Article Newly Inserted on May 16, 2007]
| Article 18-3 (Game Money) |
"Game money prescribed by Presidential Decree and things similar thereto prescribed by Presidential Decree" in Article 32 (1) 7 of the Act means any of the following: <Amended on Jun. 19, 2012> | 1. | Game money which becomes a means of betting or allotment or acquired by some fortuity when using a game product; |
| 2. | Game money which becomes exchangeable substitute for game money prescribed in subparagraph 1 or data, such as game items (referring to tools used in game products for playing games; hereinafter the same shall apply); |
| 3. | Game money or data, such as game items, falling under any of the following: |
| (a) | Game money or data, such as game items, produced or acquired by reproduction, adaptation, or hacking of computer programs of a game producing business entity; |
| (b) | Game money or data, such as game items, produced or acquired by using computer programs, apparatus, or device specified in Article 32 (1) 8 of the Act; |
| (c) | Game money or data, such as game items, produced or acquired by using game products with personal information of another person; |
| (d) | Game money or data, such as game items, produced or acquired through the abnormal use of game products, such as the production or acquisition of game money or game items for business purposes by using game products. |
[This Article Newly Inserted on May 16, 2007]
| Article 19 (Method of Indicating Trade Name on Game Products) |
| (1) | Game products to which a device indicating operating information should be attached mean game products falling under subparagraph 1-2 (a) through (f) of Article 2 of the Act, as game products for places of game providing business, and game products on which free gifts are offered (excluding cases where the Committee, when assigning a rating to a game product pursuant to Article 21 of the Act, confirms that the game product is unlikely to be produced, distributed, or provided for use different from the use befitting its rating) pursuant to the proviso of subparagraph 3 of Article 28 of the Act. <Amended on Jun. 19, 2012; Nov. 20, 2013> |
| (2) | The trade name, rating, and representation of information on the contents of a game product that should be indicated on the game product pursuant to Article 33 (3) of the Act, methods of indicating a device indicating operating information shall be specified in attached Table 3: Provided, That this shall not apply where the rating and information on the contents of a game product are indicated on the game product pursuant to the main clause of Article 21-3 (1) 1 of the Act. <Amended on Dec. 30, 2016> |
[This Article Wholly Amended on Jul. 4, 2011]
| Article 20 (Restrictions on Advertisement or Publicity) |
"Advertising materials prescribed by Presidential Decree" in Article 34 (2) of the Act means advertising materials making use of media or the means referred to in the following subparagraphs: <Amended on Feb. 29, 2008; Dec. 3, 2008; Jan. 27, 2010; Jul. 6, 2016; Jun. 21, 2022> | 2. | Information and communications networks; |
| 6. | Leaflets, samples, or admission tickets; |
| 7. | Video products, sound records, books, publications, motion pictures, or plays; |
| 8. | Other media or means prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
| Article 21 (Penalty Surcharge) |
A penalty surcharge in lieu of a suspension of business prescribed in Article 36 (1) of the Act may be imposed only where the business of a relevant business entity does not impede the creation of a healthy game culture.
| Article 22 (Exception to Notice in Writing) |
| 1. | Persons who report, accuse, or arrest a person who violates a duty to prohibit the distribution of illegal game products or such, pursuant to Article 32 of the Act: An amount not exceeding two million won; |
| 2. | Persons who report, accuse, or arrest a person who cause others to gamble or perform other speculative acts or leaves others unattended leading to such acts, in violation of subparagraph 2 of Article 28 of the Act or a person who promotes speculation in violation of subparagraph 3 of Article 28: An amount not exceeding one million won; |
| 3. | Persons who report, accuse, or arrest a person who commits an act falling under any of the subparagraphs of Article 34 (1) of the Act: An amount not exceeding 500 thousand won. |
[This Article Newly Inserted on May 16, 2007]
| Article 23 (Entrustment of Authority) |
| (1) | The Minister of Culture, Sports and Tourism shall entrust the following affairs under Article 42 (2) of the Act to the Committee: <Amended on Dec. 30, 2016> |
| 1. | Affairs related to the designation of business entities (hereinafter referred to as the “internal rating classification business entities”) who are capable of the internal rating classification under Article 21-2 (1) of the Act; |
| 3. | Affairs related to the cancellation of designation and the suspension of service of the internal rating classification business entities under Article 21-7 (1) of the Act; |
| 5. | Affairs related to the removal, destruction, and deletion of game products or advertizing or publicity materials under Article 38 (3) of the Act. |
| (2) | The members of the Committee, in charge of the access, investigation, and document inspection or the removal, destruction, and deletion prescribed in paragraph (1) shall carry an identification prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and present it to the persons concerned. |
| (3) | In accordance with Article 42 (2) of the Act, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may entrust the provision of education prescribed in Article 9 (3) of the Act to the Committee or an association or organization established under Article 39 of the Act. <Amended on Sep. 3, 2019; Dec. 1, 2020> |
| (4) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu entrusts the affairs regarding provision of education pursuant to paragraph (3), he or she shall publicly notify an agency, etc. entrusted with the relevant affairs. <Amended on Sep. 3, 2019; Dec. 1, 2020> |
[This Article Wholly Amended on Nov. 20, 2013]
| Article 23-2 (Processing of Personally Identifiable Information) |
The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (in cases where the relevant authority is delegated or entrusted, including the person whose authority is delegated or entrusted) may, if there is an inevitable ground to perform duties of the following subparagarphs, process data including the resident registration number or the foreign registration number under Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Sep. 3, 2019> | 1. | Affairs concerning the registration, etc. of game producing business, etc. under Article 25 of the Act; |
[This Article Newly Inserted on Mar. 27, 2017]
| Article 24 (Criteria for Imposition of Administrative Fines) |
| (1) | The criteria for imposition of administrative fines referred to in Article 48 (1) of the Act shall be as specified in attached Table 4. |
| (2) | Where the Minister of Culture, Sports and Tourism, a Mayor/Do Governor, or the head of a Si/Gun/Gu imposes an administrative fine pursuant to paragraph (1), he or she may reduce or increase an amount within 1/2 of the amount of an administrative fine specified in attached Table 4 in consideration of the severity, frequency, motive, result, etc. of a violation: Provided, That when increasing an amount, the increased amount shall not exceed the maximum amount of an administrative fine prescribed in Article 48 (1) of the Act. |
[This Article Wholly Amended on Sep. 10, 2009]
| Article 25 (Re-Examination of Regulation) |
| (1) | The Minister of Culture, Sports and Tourism shall examine the appropriateness of the following matters every three years based on the base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every third year), and shall take measures, such as making improvements: <Amended on Dec. 30, 2013; Dec. 30, 2016; Aug. 9, 2017> |
| 1. | Scope of the provision of game products excluded from game providing business under Article 2 (1) 2: January 1, 2017; |
| 2. | Restrictions on business hours of youth game providing business under subparagraph 1 (b) of Article 16: January 1, 2017. |
| (2) | The Minister of Culture, Sports and Tourism shall examine the appropriateness of subparagraph 8 of attached Table 2 that prescribes matters to be observed by a game providing business entity that offers game products that imitate the substance of betting or dividends, such as card or hwatu games, through the information and communications network and shall take measures, such as making improvements, every two years (referring to a period until January 1 of the year which becomes every two years), from January 1, 2022 as the base date. <Amended on Nov. 20, 2013; Mar, 22, 2016; Jun. 21, 2022> |
[This Article Newly Inserted on Mar. 18, 2013]
ADDENDA <Act No. 19717, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Article 2 (Repeal of other Statutes)
Article 3 (Applicability to Notification of Rating Decision)
Article 14 shall apply beginning with the first game product which has received a rating decision and a revocation decision after this Decree enters
into force.
Article 4 (Applicability to Indication of Trade name, Rating, and Information about Contents of Game Products)
The provisions on the indication of the trade name, rating, and information about the contents of game products in attached Table 3 shall apply beginning with the first game product produced or distributed after this Decree enters into force.
Article 5 (Transitional Measures concerning Education of Game Products related Business Entities)
A game products related business entity or his/her employee who has received education for distribution-related business entities pursuant to the Enforcement Decree of the Sound Records, Video Products, and Game Software Act at the time this Decree enters into force shall be deemed to have received education for game products related business entities pursuant to Article 7. Article 6 (Transitional Measures concerning Computer Desk Partitions of Business Entities Providing Internet Computer Game Facilities)
A person who installs partitions not meeting the installation standards pursuant to subparagraph 5 (b) of attached Table 2 among those who conduct the business of providing Internet computer game facilities at the time this Decree enters into force shall install partitions meeting the same standards within three months from the date on which this Decree enters into force.
Article 7 Omitted.
Article 8 (Relationship with other Statutes)
Where the provisions of the Enforcement Decree of the Sound Records, Video Products, and Game Software Act are cited by other statutes at the time this Act enters into force, when the provisions corresponding thereto are in this Decree, this Decree or the relevant provisions of this Decree shall be deemed to be cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 20058, May 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Indication of Trade Name, Rating and Information about Contents of Game Products)
| (1) | Indication of the trade name, rating, and information about the contents of game products (hereinafter referred to as "game products prior to amendment") produced or distributed before this Decree enters into force shall comply with the previous provisions, notwithstanding the amended provisions of subparagraphs 1 and 2 of attached Table 3. |
| (2) | Notwithstanding paragraph (1), a producer or a distributor of game products prior to amendment may indicate the trade name, rating and information about the contents pursuant to the amended provisions of subparagraphs 1 and 2 of attached Table 3. |
Article 3 Omitted.
ADDENDA <Presidential Decree No. 20252, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21148, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21634, Jul. 22, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 23, 2009. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21722, Sep. 10, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Term of Existence of Regulation)
The amended provisions of subparagraph 1 (b) of Article 16 regarding the regulation of business hours of juvenile game providing business entities shall remain in force for the period of one year from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22076, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22541, Dec. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Term of Existence of Regulation)
The amended provisions of subparagraph 1 (b) of Article 16 regarding the regulation of business hours of juvenile game providing business entities shall remain in force for the period of two years from the date this Decree enters into force.
ADDENDUM <Presidential Decree No. 23017, Jul. 4, 2011>
This Decree shall enter into force on July 6, 2011.
ADDENDA <Presidential Decree No. 23036, Jul. 19, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 23348, Dec. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23523, Jan. 20, 2012>
This Decree shall enter into force on Jan. 22, 2012
ADDENDA <Presidential Decree No. 23863, Jun. 19, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012: Provided, That the amended provisions of Articles 18-3 and 19 and attached Table 2 shall enter into force one month after the date of its promulgation. Article 2 (Applicability to Attachment of Device Indicating Operating Information)
The amended provisions of Article 19 (1) shall apply beginning with the game product for which an application for assigning a rating has been filed on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 24042, Aug. 13, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 18, 2012.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24102, Sep. 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 16, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 24406, Mar. 18, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24453, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 24865, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 23, 2013: Provided, That the amended provisions of Article 25 (2) and subparagraph 8 of attached Table 2 shall enter into force on February 23, 2014. Article 2 (Applicability to Technological Deliberation on Game Products)
Regarding a game product for which an application for rating classification is submitted before this Decree enters into force, the amended provisions of Article 12 shall also apply to the cases where a game product is classified as the game products permitted for use by all of juvenile game producing business entities, on which free gifts are offered (excluding the game product confirmed by the Committee that it is unlikely to be produced, distributed or provided for use different from the use befitting its rating) pursuant to the proviso to subparagraph 3 of Article 28 of the Act. Article 3 (Transitional Measures concerning Entrustment of Provision of Education)
Where the head of a Si/Gun/Gu entrusts the provision of education pursuant to the previous provisions of Article 23 before this Decree enters into force, he/she shall publicly notify the name, address, etc. of the association or organization entrusted with the relevant affairs within three months after this Decree enters into force, notwithstanding the amended provisions of Article 23 (4). Article 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 26016, Jan. 6, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27043, Mar. 22, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provision of subparagraph 8 (g) of attached Table 2 shall enter into force six months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 27120, May 3, 2016>
This Decree shall enter into force on May 4, 2016.
ADDENDUM <Presidential Decree No. 27234, Jun. 21, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27323, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27503, Sep. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27719, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017.
Article 2 (Transitional Measures concerning Method of Indicating Rating, etc. on Game Product)
With respect to the rating of game product and the information on the contents of a game product which the business entity is distributing in discussion with the committee pursuant to Article 21 (9) of the previous Act at the time of the enforcement of this Decree, notwithstanding with the amended provisions of the proviso to Article 19 (2), the previous provisions shall apply for two years from the date of the enforcement of this Decree.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28236, Aug. 9, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30068, Sep. 3, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Game Products with No Rating)
The previous provisions shall apply to game products produced and distributed without obtaining a rating pursuant to the previous Article 13 (1) 2 before this Decree enters into force, notwithstanding the amended provisions of the proviso of Article 11-3 (1) 2, with the exception of its items.
ADDENDUM <Presidential Decree No. 30604, Apr. 7, 2020>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 8 (g) of attached Table 2 shall enter into force six months after the date of its promulgation, and the amended provisions of subparagraph 9 of the same Table shall enter into force one month after the date of its promulgation.
ADDENDUM <Presidential Decree No. 31206, Dec. 1, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31221, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 31222, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 31379, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Requirements for Designation or Entrustment)
This Decree shall begin to apply to the case of initiating the procedures for designation or entrustment for purpose of the designation or entrustment pursuant to the statutes or regulations amended by this Decree after this Decree enters into force.
ADDENDUM <Presidential Decree No. 32156, Nov. 30, 2021>
This Decree shall enter into force on December 9, 2021.
ADDENDA <Presidential Decree No. 32705, Jun. 21, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (b) (i) of Article 16-2 shall enter into force on January 1, 2023. Article 2 (Applicability to Limit of Purchasing Virtual Cash)
The amended provisions of subparagraph 8 (a) of attached Table 2 shall begin to apply to the users of game products who purchase virtual cash, game items, etc. in the month following the month in which the enforcement date of this Decree falls.