| Article 2 (Criteria for Total Quantities) |
| (1) | The criteria, etc. for the integration between each business type of the gaming industry or the application and adjustment of total quantities in terms of the number of places of business, turnover, etc. of individual types of gaming business according to Article 5 (2) of the National Gambling Control Commission Act (hereinafter referred to as the “Act”) are as set forth in the attached table: <Amended on Nov. 23, 2012> |
| 1. | Deleted; <Nov. 23, 2012> |
| 2. | Deleted; <Nov. 23, 2012> |
| 3. | Deleted; <Nov. 23, 2012> |
| 4. | Deleted; <Nov. 23, 2012> |
| 5. | Deleted. <Nov. 23, 2012> |
| (2) | The National Gambling Control Commission (hereinafter referred to as the “Commission”) shall investigate the actual conditions of the gambling industry by type of business every 2 years, and reflect the results in the criteria for total quantities under paragraph (1). |
| Article 3 (Convening of Commission Meetings) |
| (1) | In order for the chairperson of the Commission to convene a meeting pursuant to Article 7 (1) of the Act, he or she shall notify the Commission members in writing of the date, time, location, and agenda of the meeting at least 5 days prior to the meeting: provided, this shall not apply in cases where there are unavoidable circumstances, such as an urgent need to convene the meeting. |
| (2) | The meetings of the Commission shall be open to the public: provided, this shall not apply if the Commission resolves that the meeting is not suitable for public disclosure. |
| (3) | The Commission shall prepare minutes in accordance with the Commission rules. |
| Article 4 (Composition and Operation of Subcommittees) |
| (1) | The Subcommittees by area established under the Commission in accordance with Article 9 (2) of the Act are as follows: <Amended on Nov. 23, 2012> |
| 1. | Subcommittee for the formulation of comprehensive plans and the improvement of system; |
| 2. | Subcommittee for the prevention of gambling addiction, treatment, and education; |
| 3. | Subcommittee for the supervision and monitoring; |
| 4. | Subcommittee for survey, research, and public relations. |
| (2) | Each subcommittee shall be composed of no more than 5 members, and the members shall be the Commission members and at least 2 related experts from academia, social organizations, etc. |
| (3) | The chairperson of a subcommittee shall be nominated by the chairperson of the Commission, and the members of a subcommittee shall be appointed by the chairperson of the Commission following a resolution by the Commission. |
| (4) | The chairperson of the subcommittee shall report to the Commission on matters resolved by the subcommittee. |
| Article 5 (Number of Expert Members) |
| (1) | The number of expert members according to Article 12 (3) of the Act shall be no more than 5. |
| (2) | The expert members under paragraph (1) shall be those who fall under any of the following subparagraphs: <Amended on Nov. 23, 2012> |
| 1. | A person who has more than 5 years of experience in the field of prevention and treatment (including psychology and psychiatry) of addiction caused by the gambling industry (hereinafter referred to as “addiction”) and has specialized knowledge in the field of prevention and treatment of addiction; |
| 2. | A person who has more than 5 years of experience in research, survey, and statistics related to the gambling industry and has professional knowledge in the gambling industry; |
| 3. | A person with more than 5 years of experience in the field of law or business administration or a person who is qualified as a lawyer or certified public accountant. |
| Article 6 (Secretary General) |
The secretary general pursuant to Article 13 (2) of the Act shall serve as the secretary of the Commission and may attend and speak at the meetings of the Commission and subcommittees.
Persons attending the Commission or subcommittees as stakeholders or for the purpose of presenting opinions may be paid allowances, travel expenses, and other necessary expenses within budgetary limits.
| Article 8 (Submission of Business Plan and Budget Proposal by Korea Problem Gambling Agency) |
| (1) | If the Korea Problem Gambling Agency under Article 14 (1) of the Act (hereinafter referred to as the “KPGA”) seeks approval of its business plan and budget proposal in accordance with the former part of paragraph (6) of the same Article, it shall submit its business plan and budget proposal for the following fiscal year to the Commission by November 30 of each year. <Amended on Jun. 7, 2022> |
| (2) | If the KPGA seeks approval for modifications of its business plan and budget proposal in accordance with the latter part of Article 14 (6) of the Act, it shall submit a revised business plan and budget proposal reflecting the modifications to the Commission. <Added on Jun. 7, 2022> |
| (3) | If the business plan and budget proposal submitted pursuant to paragraphs (1) and (2) have defects or are unclear in their content, the Commission may request supplementation. <Amended on Jun. 7, 2022> |
[This Article Wholly Amended on Nov. 23, 2012]
[Title Amended on Jun. 7, 2022]
| Article 9 (Method of Calculating Addiction Prevention and Treatment Charges) |
| (1) | In Article 14-2 (1) of the Act, “an amount obtained by deducting refunds, etc. from the gross turnover, which is prescribed by Presidential Decree” refers to the amount determined by deducting the corresponding amounts in each subparagraph from the total sales for each gambling industry business operator: <Amended on Jan. 5, 2021> |
| (2) | The ratio of charges for the prevention and treatment of addiction (hereinafter referred to as the “charges”) imposed on gambling industry operators pursuant to Article 14-2 (1) of the Act shall be 3.5/1000 of the annual net sales (hereinafter referred to as the “basic levy rate” in this paragraph): provided, the Commission may, upon resolution of the Commission, lower the levy rate according to the following subparagraphs. In this case, the sum of the lowered ratio shall not exceed 40/100 of the basic levy rate for each gambling industry operator: |
| 1. | In the case of no profitability of a gambling business operator: 10/100 or less of the basic levy rate; |
| 2. | In the case of considering the result of soundness assessment according to Article 5 (1) 7 of the Act: 20% or less of the basic levy rate; |
| 3. | In the case of considering the results of compliance with the total quantities under Article 16 (1) 1 of the Act: 10/100 or less of the basic levy rate; |
| 4. | In the case of a gambling industry subject to leisure tax and local education tax under the Local Tax Act: 20/100 of the basic levy rate. |
| (3) | When the Commission notifies a gambling industry operator of the amount of charges in accordance with Article 14-2 (2) of the Act, it shall specifically state the payment amount, calculation details, payment method, and payment deadline, etc. |
| (4) | In Article 14-2 (3) of the Act, “the standard prescribed by Presidential Decree” refers to 10 billion won. <Added on April 16, 2019> |
| (5) | In the case where the Commission requires payment of charges in installments pursuant to Article 14-2 (3) of the Act, the charges shall be paid in two equal installments, with the first installment to be paid by June 30 and the second installment to be paid by September 30. <Added on Apr. 16, 2019> |
| (6) | If a gambling industry operator has any disagreement with the content of the notification made under paragraph (3), he or she may file an objection with the Commission, and the Commission shall, within 60 days from the date of receipt of the objection, decide on the matters through a resolution and notify the applicant of the results. <Amended on Apr. 16, 2019> |
[This Article Wholly Amended on Nov. 23, 2012]
The surcharge according to Article 14-2 (4) of the Act shall be the amount specified in the following subparagraphs: <Amended on Jul. 2, 2019> | 1. | Where the period from the day following the due date for the payment of charges to the day preceding the actual payment date (hereinafter referred to as the "delinquency period") is 1 month or less: The amount equivalent to 1.5% (fifteen-thousandths) of the charges that is calculated on a daily basis depending on the number of days in the delinquency period; |
| 2. | In case the delinquency period is more than 1 month but less than 2 months: The amount is the sum of the surcharge for the first month (referring to an amount equivalent to 15/000 of the charges) and the surcharge for the portion exceeding 1 month (referring to an amount equivalent to 10/1000 of the charges that is calculated according to the number of days of delinquency); |
| 3. | In case of the delinquency period of 2 months or more: The amount equivalent to 25/1000 of charges. |
[This Article Wholly Amended on Nov. 23, 2012]
| Article 11 (Formulation of Comprehensive Plan) |
If the Commission intends to formulate a comprehensive plan for the integrated management and supervision of the gambling industry pursuant to Article 16 (1) of the Act, it may specify the matters to be included in the short-term plans and mid- to long-term plans for each type of gambling industry submitted by the relevant administrative agencies, and notify the heads of the relevant administrative agencies.
| Article 12 (Business Practices that Instigate Excessive Gambling Spirit) |
The term “business practices that instigate an excessive gambling spirit, as prescribed by Presidential Decree” in Article 18 (1) 4 of the Act refers to business practices that are judged to seriously induce speculative feelings due to the excessive limit on betting or purchase, or the number of days of access or race.
| Article 13 (Methods of On-Site Investigation) |
The certificate indicating authority pursuant to Article 18 (3) of the Act shall be in accordance with the attached form.
| Article 14 (Request for Data) |
When the Commission requests data from a gambling industry operator pursuant to Article 21 (2) of the Act, it shall do so in writing.
| Article 15 (Support for Operation of Commission) |
The Minister of Culture, Sports and Tourism may provide necessary support for the operation of the Secretariat of the Commission. <Amended on Feb. 29, 2008; Nov. 23, 2012>
[Added on Sep. 14, 2007]
| Article 16 (Re-Examination of Regulation) |
The Commission shall examine the appropriateness of the calculation method of addiction prevention and treatment charges, etc. pursuant to Article 9 every 3 years (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. [This Article Wholly Amended on Dec. 30, 2013]
ADDENDUM <Presidential Decree No. 20197, Jul. 27, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20275, Sep. 14, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24194, Nov. 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into effect on November 24, 2012.
Article 2 (Transitional Measures Concerning Previous Total Quantities by Type of Gambling Industry)
In the case where the total quantities for each type of gambling industry determined under Article 5 of the Act at the time of enforcement of this Decree is adjusted in accordance with Article 17 of the Act before December 31, 2012, the previous provisions shall apply despite the amended provisions of Article 2 (1) and the attached table.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 26839, Dec. 31, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Revision of Attached Forms)
The attached forms under the previous provisions at the time this Decree enters into force may be used alternatively with the attached forms under this Decree for 3 months after this Decree enters into force.
ADDENDUM <Presidential Decree No. 29470, Jan. 8, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29690, Apr. 16, 2019>
This Decree shall enter into force on April 17, 2019.
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. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32670, Jun. 7, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 19, 2022.