NATIONAL GAMBLING CONTROL COMMISSION ACT
Act No. 11426, May 23, 2012
Act No. 8279, Jan. 26, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 11426, May 23, 2012
법령보기 화면
| Article 1 (Purpose) |
|
The purpose of this Act is to establish the National Gambling Control Commission with an aim to assist the development of the gaming industry into a sound leisure industry through minimizing the adverse effects of the gaming industry and overseeing illegal gaming businesses, thereby contributing to promoting the welfare of the people. <Amended by Act No. 11426, May 23, 2012>
법령보기 화면
| Article 2 (Definitions) |
|
The terms used in this Act shall be defined as follows: <Amended by Act No. 11426, May 23, 2012>
| 1. | The term "gaming industry" means each of the following: |
| (b) | Horse racing: Horse racing under the Korean Racing Association Act; |
| (d) | Lottery tickets: Lottery tickets under the Lottery Tickets and Lottery Fund Act; |
| 2. | The term "gaming business operator" means each of the following: |
| (b) | Korean Racing Association under the Korean Racing Association Act; |
| (d) | Lottery ticket business operators under the Lottery Tickets and Lottery Fund Act; |
| 3. | The term "illegal gaming business" means a gaming business which involves any of the following: |
| (a) | Doing any act prohibited or restricted in relation to a gaming business under each Act as listed in subparagraph 1; |
| (b) | Providing any service that enables users to perform speculative acts using any speculative game product falling under the Game Industry Promotion Act; |
법령보기 화면
| Article 3 (Relations with other Acts) |
|
Except as otherwise provided for in other Acts, matters concerning the suppression of the gaming industry's instigation of an excessive spirit of gambling and the prevention, eradication, etc of the adverse effects thereof shall be governed by this Act.
법령보기 화면
| Article 4 (Establishment and Status of National Gambling Control Commission) |
|
| (1) | The National Gambling Control Commission (hereinafter referred to as the "Commission") shall be established under the control of the Prime Minister to efficiently carry out supervisory duties concerning the gaming industry and overseeing duties concerning illegal gaming businesses. <Amended by Act No. 11426, May 23, 2012> |
| (2) | The Commission shall carry out affairs under its authority independently. |
법령보기 화면
| Article 5 (Functions of Commission) |
|
| (1) | The Commission shall have authority to perform the following duties: <Amended by Act No. 11426, May 23, 2012> |
| 1. | Matters concerning the formulation and implementation of a comprehensive plan for the integrated management and supervision and the soundness of the gaming industry and the eradication of illegal gaming businesses; |
| 2. | Where the integration of gaming industries by business type, or the application or adjustment of total quantities (including the establishment of plans; hereinafter the same shall apply) in terms of the number of places of business, turnover, etc. of individual types of gaming business is necessary, matters concerning consultation, adjustment or recommendation requested by gaming business-related institutions, organizations, individual companies, etc.; |
| 3. | Matters concerning verifying actual conditions of business sites of gaming business operators or providing guidance and supervision to them for preventing instigation of an excessive spirit of gambling; |
| 4. | Matters concerning the oversight of illegal gaming businesses; |
| 5. | Matters concerning the formulation and implementation of measures to eradicate the adverse effects of the gaming industry and illegal gaming businesses on society, such as prevention of and recovery from addiction and problem-gambling caused thereby; |
| 6. | Matters concerning the management and operation of addiction-prevention and rehabilitation charges under Article 14-2 (1); |
| 7. | Matters concerning surveys, research and evaluation, which are necessary to develop the gaming industry into a sound leisure industry and eradicate illegal gaming businesses; |
| 8. | Matters concerning the development and publicity of integrated educational programs for the conversion of social consciousness of the gaming industry and prevention of instigation of excessive speculative activities; |
| 9. | Matters concerning the implementation of preventive education to protect teenagers from gambling addiction; |
| 10. | Matters concerning the enactment and amendment of the operating regulations of the Commission; |
| 11. | Other matters stipulated as the duties or authority of the Commission by this Act and other Acts. |
| (2) | Detailed matters concerning criteria for, etc. of the integration of the gaming industry by business type 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 under paragraph (1) 2 shall be prescribed by Presidential Decree. <Amended by Act No. 11426, May 23, 2012> |
법령보기 화면
| Article 6 (Composition of Commission) |
|
| (1) | The Commission shall be comprised of not more than 15 members including one chairperson. |
| (2) | The Vice Minister of Strategy and Finance, Vice Minister of Public Administration and Security, Vice Minister of Culture, Sports and Tourism, and Vice Minister for Food, Agriculture, Forestry and Fisheries (the Vice Minister of Public Administration and Security refers to a Vice Minister in charge of affairs concerning the local tax system, and the Vice Minister of Culture, Sports and Tourism refers to a Vice Minister nominated by the Minister of Culture, Sports and Tourism from among those in charge of affairs concerning tourism or sports) who take charge of affairs concerning the gaming industry shall become ex officio members of the Commission, and the Prime Minister shall appoint or commission other members of the Commission from among the following persons, including the persons recommended by the Minister of Culture, Sports and Tourism, Minister for Food, Agriculture, Forestry and Fisheries and chairperson of the Lottery Commission. In such cases, the Prime Minister shall nominate the chairperson of the Commission from among non-ex officio members, and more than half of the members of the Commission shall be non-ex officio members: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11426, May 23, 2012> |
| 1. | A person qualified as a judge, prosecutor, attorney-at-law or certified public accountant; |
| 2. | A person who is working or has worked for a university or a certified research institution as an assistant professor or in a higher position or in a position corresponding thereto and majored in areas related to the gaming industry (including the areas of tourism, computer science or engineering, or psychiatry; hereinafter the same shall apply); |
| 3. | A person who has a good reputation, with considerable knowledge and experience in areas related to the gaming industry; |
| (3) | The members of the Commission shall be non-permanent members. |
법령보기 화면
| Article 7 (Duties of Chairperson) |
|
| (1) | The chairperson shall represent the Commission, convene meetings and supervise the duties of the Commission. |
| (2) | When the chairperson is unable to conduct his or her duties due to unavoidable circumstances, the member that the chairperson nominates in advance shall act on his or her behalf. |
법령보기 화면
| Article 8 (Term of Office of Members) |
|
| (1) | The term of office of non-ex officio members shall be three years and they may be reappointed only once. |
| (2) | When there is a vacancy in the non-ex officio members of the Commission, a substitute member to fill the vacancy shall be appointed or commissioned within 30 days from the date when the vacancy occurred, and the term of office of the substitute member shall be the remaining term of office of his or her predecessor. |
법령보기 화면
| Article 9 (Deliberation, Resolution, etc. of Commission) |
|
| (1) | The deliberations and resolutions of the Commission shall be made in the presence of a majority of its members and by affirmative vote of a majority of members present. |
| (2) | The Commission may have subcommittees by area to efficiently conduct its duties. |
| (3) | Other matters necessary for the operation, etc. of the Commission shall be determined by the regulations of the Commission. |
법령보기 화면
| Article 10 (Causes of Disqualification of Members) |
|
| (1) | No person that falls under any of the following subparagraphs shall become a member: <Amended by Act No. 11426, May 23, 2012> |
| 1. | A person who is not a national of the Republic of Korea; |
| 4. | A gaming business operator or any executive or employee thereof. |
| (2) | Any member that falls under any subparagraph of paragraph (1) shall be naturally dismissed from office or dismissed from commissioning. |
법령보기 화면
| Article 11 (Member's Independence and Guarantee of Member's Status on Duty) |
|
| (1) | No member shall be subject to directions or interference from outside in connection with his or her duties. |
| (2) | No member shall be dismissed from office, or treated disadvantageously by reason of his or her status, against his or her will unless he or she falls under any of the following subparagraphs: |
| 1. | Where he or she falls under any cause for disqualification under Article 10 (1); |
| 2. | Where he or she has become unable to carry out his or her duties due to physical or mental disorder. |
법령보기 화면
| Article 12 (Expert Members) |
|
| (1) | The chairperson may, when he or she deems necessary to efficiently assist the duties of the Commission and conduct professional investigations and studies, engage experts in specific areas as expert members. |
| (2) | The chairperson shall appoint or commission expert members through the resolution of the Commission. |
| (3) | Matters necessary for the number, qualifications, etc. of expert members shall be determined by Presidential Decree. |
법령보기 화면
| Article 13 (Establishment of Secretariat) |
|
| (1) | A secretariat shall be established in the Commission to handle the affairs of the Commission. |
| (2) | The secretariat shall have one secretary general and other necessary staff. |
| (3) | The secretary general shall supervise the affairs of the Commission under the command of the chairperson and take command of and supervise the staff under his or her control, and may attend meetings of the Commission to make statements. |
| (4) | Other matters necessary for the organization of the secretariat shall be determined by Presidential Decree, and matters necessary for the operation of the secretariat shall be determined by the regulations of the Commission. |
법령보기 화면
| Article 14 (Korean Problem Gambling Management Center) |
|
| (1) | A Korean Problem Gambling Management Center (hereinafter referred to as the "Center") shall be established to conduct the following projects and activities in relation to addiction and problem-gambling caused by the gaming industry or illegal gaming businesses: |
| 1. | Counseling, education and publicity for prevention and rehabilitation, and the development and dissemination of related programs; |
| 2. | Surveys, research, analysis and appraisal; |
| 3. | Training of professionals for prevention and rehabilitation; |
| 4. | Mutual connection and cooperation with specialized medical institutions, etc.; |
| 5. | Preventive services and support services for recovery and rehabilitation of addicts; |
| 6. | International exchanges and cooperation for prevention and recovery; |
| 7. | Projects commissioned by the Government or the Commission; |
| 8. | Other projects or activities necessary to prevent and recover from addiction and problem-gambling caused by the gaming industry or illegal gaming businesses. |
| (2) | The Center shall be a legal entity. |
| (3) | The Center shall have not exceeding fifteen directors, including the chief director, and one auditor as its officers, and the officers shall be elected by the board of directors subject to the chairperson's approval. In such cases, the terms of office of the officers and other necessary matters shall be prescribed by its articles of incorporation. |
| (4) | Where the Center intends to amend its articles of incorporation, it shall obtain authorization from the chairperson. |
| (5) | The Government and the Commission may provide the Center with subsidies or contributions, within budgetary limits, to cover its necessary expenses. |
| (6) | The Center shall prepare and submit a business plan and a draft budget by no later than the beginning of each business year, as prescribed by Presidential Decree, to obtain approval therefor from the Commission. The same shall also apply where it is intended to revise the business plan or draft budget. |
| (7) | If necessary, the Center may establish and operate a local center with the chairperson's approval. |
| (8) | No person, other than the Center, shall use the name "Korean Problem Gambling Management Center" or any similar name. |
| (9) | Except as otherwise provided for in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandisto the Center. |
[This Article Wholly Amended by Act No. 11426, May 23, 2012]
법령보기 화면
| Article 14-2 (Imposition, Collection, etc. of Addiction-Prevention and Recovery Charges) |
|
| (1) | For the purposes of the prevention of and recovery from addiction and problem-gambling caused by the gaming industry and illegal gaming businesses and of the operation of the Center, the Commission may impose and collect addiction-prevention and recovery charges (hereinafter referred to as "charges") on and from gaming business operators, which correspond to the rate prescribed by Presidential Decree (the rate at which charges shall be imposed may vary by gaming business operator depending on their profitability, the evaluation of soundness under Article 5 (1) 7, the results of observance of the total quantities under Article 16 (1) 1, etc.) within 5/1000 of annual net turnover (referring to an amount obtained by deducting refunds, etc. from the gross turnover, which is prescribed by Presidential Decree): Provided, That no charges may be imposed on casino business operators provided in the Tourism Promotion Act excluding those referred to in the Special Act on the Assistance to the Development of Abandoned Mine Areas. |
| (2) | The Commission shall assess the amount of charges on the basis of the previous year's turnover and give notice (including electronic notice; hereinafter the same shall apply) thereof to gaming business operators by no later than May 31 of each year. |
| (3) | If a person liable to pay charges fails to pay them by the payment deadline, the Commission shall issue a written demand within 15 days after the lapse of the payment deadline. In such cases, the next payment deadline shall not be longer than 10 days from the date of issuance of the written demand. |
| (4) | If a person in receipt of a written demand pursuant to paragraph (3) fails to pay the charges by the fixed payment deadline, the Commission may impose and collect additional dues prescribed by Presidential Decree within 5/100 of the amount in arrears for a period from the day after the payment deadline through the day before the payment date. |
| (5) | If a gaming business operator fails to pay a charge under paragraph (3) or any additional dues under paragraph (4), the Commission may collect them in the same manner as delinquent national taxes are collected. |
| (6) | The Commission may entrust the Center with the imposition, collection, management and operation of charges. |
| (7) | Any charges shall be managed separately from the revenue and expenditure budget, and matters necessary for the methods, procedures, etc. for imposition and collection thereof shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 11426, May 23, 2012]
법령보기 화면
| Article 14-3 (Subsidies from National Treasury) |
|
The Government may provide subsidies, within budgetary limits, to cover some of the expenses incurred for any services, activities or facilities associated with the prevention of and rehabilitation from addiction and problem-gambling caused by the gaming industry and illegal gaming businesses.
[This Article Added by Act No. 11426, May 23, 2012]
법령보기 화면
| Article 15 (Dispatch and Employment of Public Officials, etc.) |
|
| (1) | The chairperson may, when he or she deems necessary for the efficient operation of the secretariat, request the heads of relevant governmental administrative organs and gaming industry-related corporations and organizations to dispatch public officials, or executives or employees of such corporations and organizations. |
| (2) | The head of a relevant governmental administrative organ, gaming industry-related corporation or organization that receives a request pursuant to paragraph (1) shall comply therewith unless he or she has a special circumstance that makes him or her unable to do so. |
| (3) | The chairperson may employ public officials in contract service to conduct duties in specialized areas concerned with the prevention of or rehabilitation from addiction. |
| (4) | Any person who is dispatched or employed pursuant to paragraphs (1) and (3) shall take orders from and be supervised by the chairperson in connection with his or her service. |
법령보기 화면
| Article 16 (Formulation, etc. of Comprehensive Plan) |
|
| (1) | In pursuit of the integrated management and supervision and soundness of the gaming industry and the eradication of illegal gaming businesses, the Commission shall formulate and implement a comprehensive plan including the following matters (hereinafter referred to as "comprehensive plan"): <Amended by Act No. 11426, May 23, 2012> |
| 1. | A short-term management plan and mid-to-long-term management plan for the integration of the gaming industry by business type, the application and adjustment of total quantities in terms of the number of places of business, turnover, etc. of individual types of gaming business, and the management and supervision thereof; |
| 2. | Measures for securing the transparency and soundness in the gaming industry by business type; |
| 3. | Measures for eradicating the adverse effects of the gaming industry and illegal gaming businesses on society; |
| 4. | Measures for making on-sight inspections for gaming business operators' stimulation of an excessive spirit of gambling and for guiding and supervising the gaming business operators and securing their fulfillment of obligations; |
| 5. | Measures for advertisement, publicity, and solutions to an excessive spirit of gambling for the sound development of the gaming industry; |
| 6. | Measures for the efficient oversight and eradication of illegal gaming businesses; |
| 7. | Other matters determined by resolutions of the Commission. |
| (2) | When the Commission formulates a comprehensive plan, it shall require the Ministry of Strategy and Finance, the Ministry of Culture, Sports and Tourism, the Ministry for Food, Agriculture, Forestry and Fisheries, and other relevant governmental administrative organs to submit short-term measures and mid-to-long-term measures for the gaming industry by business type. <Amended by Act No. 11426, May 23, 2012> |
| (3) | The Commission may request gaming business operators, heads of relevant governmental administrative organs, etc. to submit data for the formulation of the comprehensive plan and take measures necessary to confirm the implementation or non-implementation of the comprehensive plan, such as an investigation of actual conditions. |
법령보기 화면
| Article 17 (Consultation, Adjustment, Recommendation, etc.) |
|
| (1) | Where the Commission receives a request from relevant institutions, organizations, individual companies, etc. in need of the integration of the gaming industry by business type or the application or adjustment of total quantities in terms of the number of places of business, turnover, etc. of individual types of gaming business under Article 5 (1) 2, it may make the application or adjustment so requested or make recommendations therefor in consultation with the Minister of Strategy and Finance, the Minister of Culture, Sports and Tourism, the Minister for Food, Agriculture, Forestry and Fisheries, and the heads of other relevant governmental administrative organs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11426, May 23, 2012> |
| (2) | The Commission may, in order to prevent the instigation of an excessive spirit of gambling, make recommendations to the heads of relevant governmental administrative organs for the adjustment of betting units of horse racing, bicycle and motorboat racing, lottery tickets, sports promotion betting tickets, and bullfighting matches. <Amended by Act No. 11426, May 23, 2012> |
| (3) | The head of each relevant governmental administrative organ shall faithfully fulfill matters consulted on or adjusted pursuant to paragraphs (1) and (2) unless he or she has any special cause that makes him or her unable to do so, and the head of each relevant governmental administrative organ that receives a recommendation shall respect the recommendation and make efforts to implement it. |
법령보기 화면
| Article 18 (Inspection of Gaming Business Sites and Guidance, Supervision, etc.) |
|
| (1) | The Commission shall inspect gaming business sites in terms of the following matters and guide and supervise the relevant gaming business operator to prevent the gaming industry's instigation of an excessive spirit of gambling: <Amended by Act No. 11426, May 23, 2012> |
| 1. | Advertisement and publicity that arouse an excessive spirit of gambling; |
| 2. | Financial transactions that instigate an excessive spirit of gambling in gaming business sites and areas adjacent thereto; |
| 3. | As to whether matters to be observed by gaming business operators are performed; |
| 4. | Other business activities determined by Presidential Decree, which arouse an excessive spirit of gambling. |
| (2) | The Commission may, if necessary for the inspection of gaming business sites, and guidance and supervision under paragraph (1), dispatch staff from the Commission to the offices or business sites that are operated by gaming business operators or enter such offices or business sites to investigate books, documents and other data or things, and if necessary, request competent governmental administrative organs for investigation. |
| (3) | Any employee who conducts investigation pursuant to paragraph (2) shall carry along a certificate that indicates his or her authority and present it to relevant persons. |
법령보기 화면
| Article 18-2 (Reports, etc. on Illegal Gaming Businesses, etc.) |
|
| (1) | Any person who discovers that an illegal gaming business has been operated or that a gaming business operator has instigated an excessive spirit of gambling or violated any of his or her obligations may report the fact to the Commission. |
| (2) | Upon receipt of a report under paragraph (1), the Commission may take necessary measures including an accusation or a request for investigation. |
| (3) | The Commission may pay a monetary reward within budgetary limits to any person who has made a report under paragraph (1). |
| (4) | Matters necessary for the standards, methods, procedures, etc. for the payment of monetary rewards under paragraph (3) shall be prescribed by the Commission's regulations. |
[This Article Added by Act No. 11426, May 23, 2012]
법령보기 화면
| Article 18-3 (Center for Overseeing and Report of Illegal Gaming Businesses, etc.) |
|
| (1) | A center for oversight and reporting of illegal gaming businesses shall be established in the secretariat to oversee illegal gaming businesses. |
| (2) | Matters necessary for the organization and functions of the center for oversight and reporting of illegal gaming businesses under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for the operation thereof shall be prescribed by the Commission's regulations. |
| (3) | If necessary to oversee illegal gaming businesses, the Commission may request an investigative agency or gaming business operators to provide cooperation. |
| (4) | Any gaming business operator requested to provide cooperation under paragraph (3) shall comply therewith, unless extenuating circumstances exist and give notice of the outcomes to the Commission. |
[This Article Added by Act No. 11426, May 23, 2012]
법령보기 화면
| Article 19 (Investigation, Research, etc. on Actual Conditions of Gaming Business Sites) |
|
| (1) | The Commission shall conduct investigation and research activities on the actual conditions of gaming business sites for the prevention, eradication, etc. of adverse effects of the gaming industry, and if necessary, announce the results thereof. |
| (2) | Matters necessary for the announcement of the results of investigation and research on the actual conditions of gaming business sites under paragraph (1) shall be determined by the regulations of the Commission. |
법령보기 화면
| Article 20 (Recommendations) |
|
The Commission may, when deemed necessary to conduct its duties, recommend the heads of competent governmental administrative organs to take necessary measures, such as ordering gaming business operators to make rectification.
법령보기 화면
| Article 21 (Request for Data, etc.) |
|
| (1) | The Commission and relevant governmental administrative organs, such as the Ministry of Strategy and Finance, the Ministry of Culture, Sports and Tourism, and the Ministry for Food, Agriculture, Forestry and Fisheries, may request one another to provide data whenever deemed necessary to perform their duties. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11426, May 23, 2012> |
| (2) | The Commission may, when deemed necessary to conduct its duties, request gaming business operators to submit necessary data. |
| (3) | Upon receipt of a request for the submission of data pursuant to paragraph (1) or (2), any relevant governmental administrative organ or any gaming business operator shall comply therewith, unless any extenuating circumstance exists to make it or him or her unable to do so. |
| (4) | The Commission may, when deemed necessary to conduct its duties, have interested persons and experts related to the gaming industry appear to listen to their opinions. |
법령보기 화면
| Article 22 (Financial Support, etc.) |
|
Members of the Commission may be paid allowances for attending meetings and other actual expenses, such as expenses to conduct duties within budgetary limits.
법령보기 화면
| Article 23 (Prohibition of Divulgence of Secrets) |
|
No person that is or was a member, expert member or staff member of the Commission, or is dispatched to the Commission, or conducts or has conducted the duties of the Commission under the direction of the Commission shall divulge secrets that he or she learned in the course of conducting duties to other person or use such secrets for any purpose other than the purposes of duties.
법령보기 화면
| Article 24 (Legal Fiction of Public Officials in Application of Penal Provisions) |
|
Any member, expert member or staff member of the Commission that is not a public official shall be deemed a public official when applying penal provisions under the Criminal Act and other Acts in connection with the duties of the Commission.
법령보기 화면
| Article 25 (Penal Provisions) |
|
Any person that divulges any secret in the course of conducting duties in violation of Article 23 shall be punished by imprisonment for not more than two years and by a fine not exceeding 30 million won.
ADDENDUM
This Act shall enter into force six months after its promulgation.
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.
ADDENDA<Act No. 11426, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Arrangements for Incorporation)
| (1) | The chairperson shall commission not exceeding seven promoters for the Korean Problem Gambling Management Center (hereinafter referred to as "promoter") to manage affairs regarding the incorporation of the Center, within 30 days after this Act enters into force. |
| (2) | Promoters shall prepare the articles of incorporation for the Center and obtain authorization from the chairperson. |
| (3) | Immediately after obtaining authorization under paragraph (2), promoters shall file for registration for incorporation of the Center under joint signature. |
| (4) | Promoters shall transfer all their duties to the chief director of the Center immediately after being registered for incorporation of the Center. |
| (5) | Promoters shall be deemed decommissioned upon transferring all their duties under paragraph (4). |
Article 3 (Transitional Measures concerning Ex OfficioMembers)
Any ex officiomember of the Commission as at the time this Act enters into force shall be deemed an ex officiomember under the amended provisions of Article 6 (2) for the remainder of his or her term of office as at the time this Act enters into force. Article 4 (Relationship with other Acts and Subordinate Statutes)
At the time this Act enters into force, citations in other Acts and subordinate statutes of the former National Gaming Control Commission Act or to the provisions thereof, if this Act includes any provisions corresponding thereto, shall be deemed citations of this Act or the corresponding provisions thereof in lieu of the former provisions.
Last updated : 2013-04-08