law view
| Article 1 (Purpose) |
 |
The purpose of this Decree is to prescribe the matters delegated by the Game Industry Promotion Act and the matters necessary for the enforcement thereof.
law view
| Article 1-2 (Speculative Game Products) |
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"Other game products prescribed by Presidential Decree" in subparagraph 1-2 (f) of Article 2 of the Game Industry Promotion Act (hereinafter referred to as the "Act") means game products falling under any of the following subparagraphs:
[This Article Newly Inserted by Presidential Decree No. 20058, May 16, 2007]
law view
| Article 2 (Extent of Provision of Game Products Excluded from Game Providing Business) |
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"Cases where a person provides game products according to type and method or other, as prescribed by Presidential Decree" in subparagraph 6 (c) of Article 2 of the Act means cases where a person provides game products according to the standards prescribed by the following subparagraphs: <Amended by Presidential Decree No. 200058, May, 16, 2007; Presidential Decree No. 21722, Sep. 10, 2009>
| 1. |
The provision of game products which are only those permitted for use by all; |
| 2. |
The installation of game products below the number determined and announced by the Minister of Culture, Sports and Tourism for a single business location; |
| 3. |
The installation of game products in a building of the business location concerned. |
law view
| Article 3 (Master Plan for Promotion of Game Industry) |
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"Matters prescribed by Presidential Decree" in Article 3 (2) 8 of the Act shall be as follows: <Amended by Presidential Decree No. 20676, Feb, 29, 2008; Presidential Decree No. 23036, Jul. 19, 2011>
| 1. |
Securing and management of financial resources for the promotion of the game industry; |
| 2. |
Creation of employment in the game industry, the development of export markets and the promotion of industry vitalization; |
| 3. |
Improvements to the distribution structure of the game industry; |
| 5. |
Policies for the protection of intellectual property rights of game products under Article 13 of the Act; |
| 6. |
Matters concerning the protection of the personal information of users of game products; |
| 7. |
Other matters deemed necessary for the promotion of the game industry by the Minister of Culture, Sports and Tourism. |
law view
| Article 4 (Extent of and Procedures for Support for Establishment of Business and Development of High Quality Game Wares, etc.) |
|
| (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 by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 23863, Jun. 19, 2012> |
| 1. |
Support to persons establishing a business: |
| (a) |
Support for initial business expenses; |
| (b) |
Support for purchasing expenses or leasing of related equipment, such as game products and hardware; |
| 2. |
Support to persons developing high quality game wares: |
| (a) |
Support in the form 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. <by Presidential Decree No. 23348, 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 by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 23348, Dec. 6, 2011> |
law view
| Article 5 (Training for Professionals) |
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| (1) |
The head of the relevant central administrative agency may designate any of the following institutions as a training institution for professionals of the game industry (hereinafter referred to as "professional training institution") pursuant to Article 5 (2) of the Act: |
| 1. |
Universities which set up and operate a curriculum related to games, or research institutions or educational institutions which conduct research on games; |
| (2) |
A person who seeks designation as a professional training institution under paragraph (1) shall submit to the head of the relevant central administrative agency an application for designation in which the matters referred to in the following subparagraphs are entered: |
| 1. |
Performance record and 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 the relevant central administrative agency intends to designate a professional training institution pursuant to paragraph (1), he/she shall consult in advance with the Minister of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
| (4) |
The head of the relevant central administrative agency may subsidize, in whole or in part, for the expenses falling under any of the following subparagraphs to a professional training institution designated under paragraph (1): |
| 1. |
Instructor fees and compensation; |
| 2. |
Expenses for training textbooks, apparatus and materials for practical training; |
| 3. |
Other necessary expenses incurred in the training of professionals. |
law view
| Article 6 (Promotion of Standardization) |
|
| 1. |
Game products standards; |
| 2. |
External appearance of a game machine or apparatus; |
| 3. |
An apparatus indicating information on the operation of a game product; |
| 4. |
An apparatus for inserting money or such into a game machine or a device for recognizing premiums, or such; |
| 5. |
An apparatus for operating a game machine, such as for playing or stopping a game. |
law view
| Article 7 (Education of Game Products related Business Operators) |
|
| (1) |
Education provided to a game products related business operator pursuant to Article 9 (3) of the Act shall be three hours per year. |
| (2) |
When a game products related business operator has difficulty in participating in education owing to unavoidable circumstances, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may have a person in charge of management of each place of business from among the employees of such business operator receive education on behalf of the person himself/herself. |
| (3) |
Detailed implementation methods of the education provided pursuant to paragraphs (1) and (2) and other matters necessary for such education shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
law view
| Article 7-2 (Investigation of Actual Conditions) |
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| (1) |
The head of the relevant central administrative agency shall investigate annually the current status of the game industry and the actual conditions of the use of game products by relevant field pursuant to Article 11 (2) of the Act. |
| (2) |
The head of the 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 purpose of investigating the actual conditions referred to in paragraph (1). |
[This Article Newly Inserted by Presidential Decree No. 20058, May 16, 2007]
law view
| Article 8 (Creation of Foundation for Game Culture) |
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The head of the relevant central administrative agency may provide assistance to institutions or organizations which conduct activities referred to in the following subparagraphs or conduct such activities pursuant to Article 12 (1) of the Act:
| 1. |
Investigation of the actual conditions of the 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 educational purpose game products and functional game products and assistance thereto. |
law view
| Article 8-2 (Prevention of Excessive Game Immersion) |
|
| 1. |
Research on the prevention and cure of 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 excessive game immersion or the prevention or such. |
| (2) |
The Minister of Culture, Sports and Tourism may assist specialized institutions or organizations which have a performance record of conducting business for the prevention of excessive game immersion or such for not less than three years within budgetary limits, pursuant to Article 12-2 (2) of the Act. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
[This Article Newly Inserted by Presidential Decree No. 20058, May 16, 2007]
law view
| Article 8-3 (Preventive Measures on Excessive Immersion in and Addiction to Games, etc.) |
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| (1) |
Game products subject to preventive measures under Article 12-3 (1) of the Act shall be those other than the following game products: |
| 2. |
Game products of which midnight service hours are not restricted pursuant to the proviso to Article 1 of Addenda to the Juvenile Protection Act (Act No. 10659), and game products of which midnight service hours in the Internet are not restricted as a result of evaluations and measures under Article 23 (2) of the Act; |
| (2) |
Notwithstanding paragraph (1) 3, in the case of game products provided by small and medium enterprises with annual sales of at least five billion won, among small and medium enterprises as defined in Article 2 of the Framework Act on Small and Medium Enterprises, which are engaged in the video, broadcasting and telecommunications, or information service business, the small and medium enterprises shall take the preventive measures specified in Article 12-3 (1) 1 and 2 of the Act. |
| (3) |
Each game product-related business operator (limited to game products related business operators under Article 12-3 (1) of the Act; hereafter the same shall apply in this Article) shall devise means to confirm the identification of the user of a game product by requesting that an accredited certification authority referred to in subparagraph 10 of Article 2 of the Digital Signature Act or other third party or administrative agency providing services for confirmation of identification confirm his/her identification, or by face-to-face identification, when the user of the game product becomes a member as prescribed in Article 12-3 (1) 1 of the Act. |
| (4) |
Each game products related business operator shall obtain the consent of legal representatives by any of the following methods pursuant to Article 12-3 (1) 2 of the Act: |
| 1. |
That the game products related business operator posts the details of the consent in the information and communications network defined in Article 12-3 (1) of the Act and requests the legal representatives to mark whether they consent to such details; |
| 2. |
That the game products related business operator 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 to the details of the consent; |
| 3. |
That the game products related business operator 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 operator 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/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 made by providing services or programs that make such restrictions possible by setting a specific hour or period. |
| (6) |
When a game products related business operator gives notice to a juvenile and his/her legal representative pursuant to Article 12-3 (1) 4 of the Act, it shall give notice to them by sending a text message to mobile phones, email, fax, phone, or in writing at least once a month. |
| (7) |
Each game products related business operator shall post the warning phrase "the excessive use of the game may interfere with normal daily life" on the screen showing the game for at least three seconds every one hour during the use of the game pursuant to Article 12-3 (1) 5 of the Act. |
| (8) |
Each game products related business operator shall conspicuously indicate the details of the lapse of time used for playing the game on the screen showing the game for at least three seconds every one hour during the use of the game to the extent that does not interfere with the use of 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 operator to submit data or file a report pursuant to Article 12-3 (4) of the Act, he/she shall make such request in writing (including an electronic document). |
[This Article Newly Inserted by Presidential Decree No. 23523, Jan. 20, 2012]
law view
| Article 8-4 (Methods and Procedures for Evaluation) |
|
| (1) |
Where the Minister of Gender Equality and Family evaluates the propriety of the scope of game products subject to the time restriction to provide online games during the midnight hours (hereafter referred to as "evaluation of the scope of game products" in this Article) pursuant to Article 12-3 (2) of the Act, he/she shall formulate a plan for evaluation of the scope of game products including the following matters in consultations with the Minister of Culture, Sports and Tourism and publish such plan in the Official Gazette: <Amended by Presidential Decree No. 24102, Sep. 14, 2012> |
| 1. |
Game products subject to evaluation and matters to be evaluated under Article 21 (1) 1 and 2 of the Enforcement Decree of the Juvenile Protection Act; |
| 2. |
Criteria for evaluation of the scope of game products; |
| 3. |
An index and measure of evaluation of the scope of game products; |
| 4. |
Other matters determined by the Minister of Gender Equality and Family in consultations with the Minister of Culture, Sports and Tourism as necessary for evaluation of the scope of game products. |
| (2) |
For evaluation of the scope of game products, the Minister of Culture, Sports and Tourism may provide the Minister of Gender Equality and Family with data for investigation of actual conditions under Article 11 of the Act, data for investigation of the actual conditions on excessive immersion in games or such under Article 12-2 (1) 2 of the Act, and other data necessary for evaluation of the scope of game products. |
| (3) |
Where necessary for evaluation of the scope of game products, the Minister of Gender Equality and Family may request that the Minister of Culture, Sports and Tourism provide data necessary for evaluation of the scope of game products referred to in paragraph (2). |
| (4) |
Where the Minister of Gender Equality and Family evaluates the scope of game products, he/she may seek opinions from the related experts, parents' organizations, associations of juveniles, game product related business operators, etc. |
| (5) |
The Minister of Gender Equality and Family shall consult with the Minister of Culture, Sports and Tourism on the final draft of evaluation of the scope of game products before completing evaluation of the scope of game products. |
[This Article Newly Inserted by Presidential Decree No. 23523, Jan. 20, 2012]
law view
| Article 9 (Protection of Intellectual Property Rights) |
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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 by Presidential Decree No. 21634, Jul. 22, 2009; Presidential Decree No. 23036, Jul. 19, 2011>
law view
| Article 10 Deleted.<by Presidential Decree No. 24042, Aug. 13, 2012> |
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| Article 11 (Recommendation of Members of Game Rating Board) |
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| (1) |
"Organizations prescribed by Presidential Decree" in Article 16 (4) of the Act means any of the following institutions or organizations: <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. 22076, Mar. 15, 2010; Presidential Decree No. 24453, Mar. 23, 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;
| 7. |
Institutions or organizations designated by the Minister of Culture, Sports and Tourism among the following institutions: |
| (b) |
Corporations established for the purpose of the development of the press and the promotion of press culture pursuant to Article 32 of the Civil Act; |
| (c) |
Non-profit, non-governmental organizations. |
| (2) |
Upon requested by the Minister of Culture, Sports and Tourism, an institution or an organization falling under paragraph (1) shall select three persons recommended from among the persons with at least three years' work experience in the relevant fields and notify the Minister of Culture, Sports and Tourism of such. <Amended by Presidential Decree No. 20058, May 16, 2007; Presidential Decree No. 20676, Feb. 29, 2008> |
| (3) |
When appointing members of the Game Rating Board pursuant to Article 16 of the Act (hereinafter referred to as the "Rating Board"), the Minister of Culture, Sports and Tourism shall appoint members such that the Rating Board may be evenly comprised of persons engaged in various fields. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
law view
| Article 11-2 (Post Management Business of Secretariat) |
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The Secretariat of the Rating Board shall conduct operations to support public officials who conduct verification and inspection of whether game products rated pursuant to Article 18 (3) of the Act are distributed normally and who take measures to control illegal games.
[This Article Newly Inserted by Presidential Decree No. 20058. May 16, 2007]
law view
| Article 11-3 (Game Products for Testing) |
|
| 1. |
It shall not be a game product falling under any of subparagraph 1-2 (a) through (f) of Article 2 of the Act; |
| 2. |
It shall meet the standards prescribed by attached Table 1. |
| (2) |
A game producing business operator or game distributing business operator who intends to evaluate performance, safety, user satisfaction or such, of game products with game products for testing shall file an application for confirmation of game products for testing with the Rating Board. |
| (3) |
The Rating Board shall verify whether the relevant game product meets the requirements referred to in paragraph (1) (including verification by one member or more of the Rating Board) within seven days from the date it receives an application and issue a certificate of verification of game products for testing. |
| (4) |
A person who provides for a test a game product for testing shall mark it as a game product for testing pursuant to paragraph (3) for the purpose of making the game concerned known to all as game products for testing and notify users of how to use such and matters demanding special attention thereof. |
| (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 the testing period, he/she may file an application for extension of the period, limited to two times, and the Rating Board shall grant the extension unless there exists a special ground to the contrary. |
[This Article Newly Inserted by Presidential Decree No. 20058, May 16, 2007]
law view
| Article 11-4 (Self-Rated Game Products) |
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| 1. |
It shall be provided by means of key telecommunications services provided by a person permitted to engage in the key telecommunications business under the Telecommunications Business Act; |
| 2. |
It shall be provided through online open market or other electronic commerce intermediaries; |
| 3. |
It shall be provided by means of a mobile device or a wireless Internet connecting device using an operating system of the same kind operating in the mobile device. |
[This Article Newly Inserted by Presidential Decree No. 23017, Jul. 4, 2011]
law view
| Article 12 (Technical Deliberation on Game Products) |
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| (1) |
Regarding game products falling under any of subparagraph 1-2 (a) through (f) of Article 2 of the Act, which are provided to a game providing business (hereinafter referred to as "game products for places of game providing businesses") among the game products for which an application for rating classification was submitted, the Rating Board may have undergo deliberation pursuant to Article 21 (8) of the Act in order to verify whether the game products are provided with the following functions before the Board determines the rating classification thereof: |
| 1. |
Functions preventing remodeling and alteration of the software for operating game products; |
| 2. |
Deleted; <by Presidential Decree No. 20058, May 16, 2007> |
| 3. |
Functions recognizing forgery and falsification of money; |
| 4. |
Functions for the working of a device indicating information on the operation of game products. |
| (2) |
The chairperson of the Rating Board shall determine the implementation method for deliberation pursuant to paragraph (1) and other matters necessary for deliberation in consultations with the Minister of Culture, Sports and Tourism and the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 20058, May 16, 2007; Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 24453, Mar. 23, 2013> |
law view
| Article 13 (Game Products without Rating Classification) |
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| (1) |
"Game products prescribed by Presidential Decree" in Article 21 (1) 2 of the Act means game products falling under any of the following subparagraphs: |
| 2. |
Game products produced and distributed in the Republic of Korea for the purpose of education, learning, religion or publicity activities for the public good or such, as game products produced and distributed for non-profit purposes by a person other than persons falling under Article 25 (1) 1 through 3 of the Act. |
| (2) |
A person who intends to produce or distribute game products may seek prior verification by the Rating Board as to whether the game products concerned falls under the game products referred to in paragraph (1) 2. |
law view
| Article 14 (Notification to Heads of Administrative Agencies) |
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"The head of an administrative agency prescribed by Presidential Decree" in Article 24 of the Act shall be as follows: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 24453, Mar. 23, 2013>
| 1. |
The Minister of Culture, Sports and Tourism; |
| 2. |
The Minister of Trade, Industry and Energy; |
| 3. |
The Chairperson of the Korea Communications Commission; |
| 4. |
The Minister of Gender Equality and Family; |
| 5. |
The Prosecutor General; |
| 6. |
The Commissioner General of the National Policy Agency; |
| 7. |
The Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor (hereinafter referred to as "Mayor/Do Governor"). |
law view
| Article 14-2 (Requirements for Designation of Rating Classification Agency) |
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"Human resources, facilities, etc. prescribed by Presidential Decree" in the main sentence of Article 24-2 of the Act shall be as follows:
| 1. |
The rating classification agency shall be organized in the form of committee comprised of not less than seven persons with expert knowledge about and wide experience in cultural art, cultural industries, juvenile, 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 not less than five persons, including three software engineers as defined in subparagraph 5 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 rating classification; |
| 5. |
The rating classification agency shall have the financial capability to stably conduct 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 by Presidential Decree No. 23863, Jun. 19, 2012]
law view
| Article 15 (Cases of Production of Game Products Excluded from Objects of Registration) |
|
| 1. |
Where a person produces a game machine with which no one can play a game; |
| 2. |
Where a person produces game products intended for specific persons only for the purpose other than the purpose of distribution, provision for watching and provision for play; |
| 3. |
Where a person produces game products which does not fall under game products subject to rating classification pursuant to the subparagraphs of Article 21 (1) of the Act. |
law view
| Article 15-2 (Permission of General Game Providing Business) |
|
| (1) |
A person who intends to obtain permission for a general game providing business pursuant to Article 26 (1) of the Act shall provide facilities meeting the standards referred to in attached Table 1-2. |
| (2) |
A person who intends to obtain permission for a general game providing business pursuant to paragraph (1) shall submit an application for permission and documents attached thereto to the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. <Amended by Presidential Decree No. 20676, Feb. 29, 2008> |
[This Article Newly Inserted by Presidential Decree No. 20058, May 16, 2007]
law view
| Article 16 (Business Hours and Restrictions on Hours for Admitting Juveniles) |
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Business hours and hours for admitting juveniles referred to in subparagraph 7 of Article 28 of the Act shall be as follows: <Amended by Presidential Decree No. 20058, May 16, 2007; Presidential Decree No. 21722, Sep. 10, 2009; Presidential Decree No. 22541, Dec. 21, 2010; Presidential Decree No. 24406, Mar. 18, 2013>
| (a) |
Business hours of general game providing business operators and combined distribution and game providing business operators shall be from 9:00 a.m. to 12:00 a.m.: Provided, That a business operator who provides only game products permitted for use by all shall not be subject to restrictions on business hours; |
| (b) |
Business hours of juvenile game providing business operators shall be from 9:00 a.m. to 12:00 a.m.: Provided, That where the number and the area of game products installed by a juvenile game providing business operator permitted to be used by all, in which it is possible to offer the outcomes (including premiums offered pursuant to the proviso to subparagraph 3 of Article 28 of the Act) obtained according to the use of game products, do not exceed 20 percent of the total number and the area of game products installed, such business operator shall not be subject to restrictions on business hours; |
| (c) |
Game products related business operators other than those falling under (a) and (b) shall not be subject to restrictions on business hours; |
| 2. |
Hours for admitting juveniles |
| (a) |
Hours for admitting juveniles to juvenile game providing business operators, combined distribution and game providing business operators (only applicable where juveniles' entry is allowed pursuant to the proviso to Article 5 (1) 2 of the Enforcement Decree of the Juvenile Protection Act), and business providing Internet computer game facilities operators shall be from 9:00 a.m. to 10:00 p.m.: Provided, That where a juvenile is accompanied by a person of parental authority, a guardian, a teacher or a supervisor of his/her place of work, or any other person who is in a substantial position deserving to protect or supervise the juvenile concerned, such juvenile may be admitted during hours other than the hours for admitting juveniles; |
| (b) |
Hours for admitting juveniles shall not apply to game products related business operators other than item (a). |
law view
| Article 16-2 (Types of Premiums) |
|
The types of premiums which may be offered pursuant to the proviso to subparagraph 3 of Article 28 of the Act and standards and methods for the offering thereof shall be as follows: <Amended by Presidential Decree No. 24102, Sep. 14, 2012>
| (b) |
Cultural goods and sports supplies: Provided, That media harmful to juveniles, drugs harmful to juveniles, and goods harmful to juveniles as defined in Article 2 of the Juvenile Protection Act shall be excluded; |
| 2. |
Standards for provision of premiums: |
| 3. |
Methods of provision of premiums |
[This Article Newly Inserted by Presidential Decree No. 20058, May 16, 2007]
law view
| Article 17 (Matters to be Observed by Game Products related Business Operators) |
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"Matters prescribed by Presidential Decree" in subparagraph 8 of Article 28 of the Act shall be those found in attached Table 2. <Amended by Presidential Decree No. 20058, May 16, 2007>
law view
| Article 18 (Succession to Business) |
|
| 1. |
Game producing businesses and game distributing businesses: Places of business, business facilities and apparatus; |
| 2. |
Game providing businesses: Places of business, game products; |
| 3. |
Combined distribution and game providing businesses: Places of business, game products, facilities and apparatus necessary for other businesses. |
law view
| Article 18-2 (Post Management) |
|
| (1) |
"The head of the relevant administrative agency prescribed by Presidential Decree" in Article 31 (2) of the Act means the Minister of Gender Equality and Family. <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 22076, Mar. 15, 2010> |
| (2) |
A Mayor/Do Governor and the head of a Si/Gun/Gu shall submit a report of the actual conditions of game products related business operators 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 or such of game products related business operators and modified matters; |
| 2. |
Matters concerning the types of game products provided by game products related business operators; |
| 3. |
The current status of administrative dispositions regarding game products related business operators and the current status of litigation related to administrative dispositions. |
[This Article Newly Inserted by Presidential Decree No. 20058, May 16, 2007]
law view
| 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 by Presidential Decree No. 23863, 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 is subject to exchange for replacing game money as prescribed in subparagraph 1 or data, such as game items (referring to tools used in game products for the playing of a game; 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 operator; |
| (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 by using game products. |
[This Article Newly Inserted by Presidential Decree No. 20058, May 16, 2007]
law view
| Article 19 (Indication Method for Trade Name, etc. Indicated on Game Products) |
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| (1) |
Game products to which a device indicating information on the operation of the game products (hereinafter referred to as "device indicating operating information") should be attached pursuant to Article 33 (2) of the Act mean game products falling under subparagraph 1-2 (a) through (f) of Article 2 of the Act, which correspond to game products for places of game providing businesses, and game products on which premiums are offered (excluding where the Rating Board, when issuing a rating on 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 its rating) pursuant to the proviso to subparagraph 3 of Article 28 of the Act. <Amended by Presidential Decree No. 23863, Jun. 19, 2012> |
| (2) |
Indications of the trade name, rating, and information on the contents of a game product that should be indicated on the game product pursuant to Article 33 (3) of the Act and methods for indication of a device indicating operating information shall be as specified in attached Table 3: Provided, That this shall not apply where the rating and information on the contents of a game product under Article 11-4 are indicated on the game product. |
[This Article Wholly Amended by Presidential Decree No. 23017, Jul. 4, 2011]
law view
| Article 20 (Restrictions on Advertisement or Publicity) |
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"Advertising matters prescribed by Presidential Decree" in Article 34 (2) of the Act means advertising matters making use of media or the means referred to in the following subparagraphs: <Amended by Presidential Decree No. 20676, Feb. 29, 2008; Presidential Decree No. 21148, Dec. 3, 2008; Presidential Decree No. 22003. Jan. 27, 2010>
| 6. |
Leaflets, samples or admission tickets; |
| 7. |
Video products, sound recordings, books, publications, motion pictures or plays; |
| 8. |
Other media or means prescribed by Ordinance of the Ministry of Culture, Sports and Tourism. |
law view
| Article 21 (Penalty Surcharge) |
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A penalty surcharge in lieu of a suspension of business pursuant to Article 36 (1) of the Act may be imposed only where the business of the relevant business operator does not create an impediment to the creation of a healthy game culture.
law view
| Article 22 (Exception to Notice in Writing) |
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law view
| Article 22-2 (Rewards) |
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| 1. |
Persons who report, denounce 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: Not exceeding two million won; |
| 2. |
Persons who report, denounce or arrest a person who cause others to gamble or perform other speculative acts or leaves others unattended enabling to perform such, 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: Not exceeding one million won; |
| 3. |
Persons who report, denounce or arrest a person who commits an act falling under any of the subparagraphs of Article 34 (1) of the Act: Not exceeding 500 thousand won. |
[This Article Newly Inserted by Presidential Decree No. 20058, May 16, 2007]
law view
| Article 23 (Entrustment of Authority) |
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law view
| Article 24 (Standards for Imposition of Fines for Negligence) |
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| (1) |
The standards for imposition of fines for negligence pursuant to Article 48 (1) of the Act shall be those 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 a fine for negligence pursuant to paragraph (1), he/she may decrease or increase the amount within a range of 1/2 of the amount of the fine for negligence pursuant to attached Table 4 in consideration of the degree of an offense, the number of times of violation, the motive of an offense and the result thereof, or similar: Provided, That where increasing the amount, the increased amount shall not exceed the maximum of the amount of a fine for negligence pursuant to Article 48 (1) of the Act. |
[This Article Wholly Amended by Presidential Decree No. 21722, Sep. 10, 2009]
law view
| Article 25 (Review of Regulation) |
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The Minister of Culture, Sports and Tourism shall review the propriety of subparagraph 1 (b) of Article 16 that restricts the business hours of juvenile game providing business operators and shall repeal, relax or maintain the same item by the time three years elapse from the date this Decree enters into force.
[This Article Newly Inserted by Presidential Decree No. 24406, Mar. 18, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2006.
Article 2 (Repeal of other Acts and Subordinate Statutes)
The Enforcement Decree of the Sound Records, Video Products, and Game Software Act shall be repealed.
Article 3 (Applicability to Notification of Rating Determination)
Article 14 shall apply beginning with game products which have received a rating determination and a cancellation determination after this Decree enters into force.
Article 4 (Applicability to Indication of Trade name, Rating and Information of Contents of Game Products)
The provisions on the indication of the trade name, rating and information on the contents of game products in attached Table 3 shall apply beginning with game products produced or distributed after this Decree enters into force.
Article 5 (Transitional Measures concerning Education of Game Products related Business Operators)
A game products related business operator or his/her employee who has received education for distribution-related business operators 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 operators pursuant to Article 7.
Article 6 (Transitional Measures concerning Computer Partitions of Business Providing Internet Computer Game Facilities Operators)
A person who installs partitions not meeting the installation standards pursuant to subparagraph 5 (b) of attached Table 2 among those who conduct a business 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 enforcement date of this Decree.
Article 7 Omitted.
Article 8 (Relationship with other Acts and Subordinate Statutes)
Where the provisions of the Enforcement Decree of the Sound Records, Video Products, and Game Software Act are cited by other Acts and subordinate 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 have been 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 on Contents of Game Products)
| (1) |
Indication of the trade name, rating and information on 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 on 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 for juvenile game providing business operators 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 for juvenile game providing business operators 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 with regard to the game products 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.
