CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to prescribe the matters concerning the instruction on and regulation of speculation-related businesses, and the special punishment of persons, etc., who perform speculative acts by using slot machines or speculative gaming machines, besides speculation-related businesses, in order to prevent the furtherance of an excessive speculative spirit and to preserve good morals.
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 2 (Definitions) |
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| (1) |
The definitions of terms used in this Act shall be as follows: |
| 1. |
The term "speculative acts" means any act to inflict gains or losses of property by collecting goods or benefits on properties from many people (hereinafter referred to as "goods, etc.") and by deciding the gains or losses in coincidental means; |
| 2. |
The term "speculative businesses" means the businesses indicated in any of the following items: |
| (a) |
Lottery ticket issuing business: The business which performs the act of collecting goods, etc. from many people by utilizing particular tickets (including the electronic forms under the apparatus having information processing capacity, such as computer programs), while giving gains of property to the winning persons in the methods, such as lot drawing, and inflicting losses to other participants; |
| (b) |
Prize competition business: The business which performs the act of collecting goods, etc. from the subscribers to the specific questions or predictions under the condition that benefits will be given if they provide correct answers thereto or make a good guess, while giving gains of property to all or some people who provided correct answers or made a correct guess and causing losses to other participants; |
| (c) |
Other speculative business: The business prescribed by Presidential Decree which is business using equipment or methods having concerns over inducing the speculative minds, such as turning a rotary plate, lottery and bonus gift, for the purpose of profit-making, in addition to items (a) and (b); |
| 3. |
The term "manufacturing business of speculative instruments" means the business of manufacturing, reforming or repairing machines, machine boards, instruments, or computer programs used in speculation business (hereinafter referred to as "speculative instruments"); |
| 4. |
The term "sales business of speculative instruments" means the business of selling or importing speculative instruments; |
| 5. |
The term "slot machines" means the apparatuses which give gains or losses of property to the users by generating goods, etc. under the incidental results by inserting coins, paper money or substitutes therefor; |
| 6. |
The term "speculative gaming machines" means the machines and apparatuses, etc. feared to induce speculative minds, such as the mechanical rolling ball machines and speculative electronic gaming machines, in addition to the slot machines under subparagraph 5. |
| (2) |
The businesses indicated in subparagraphs 2 through 4 of paragraph (1) may be subclassified as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
CHAPTER Ⅱ SPECULATIVE BUSINESS
SECTION 1 Business Facilities and Permission, etc.
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| Article 3 (Standards for Facilities) |
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Any speculative business operator shall have facilities and speculative instruments prescribed by Ordinance of the Ministry of Public Administration and Security for each type of speculative business and shall maintain and manage them.
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 4 (Permission, etc.) |
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| (1) |
Any person who wishes to operate speculative business shall prepare facilities, etc. referred to in Article 3, and then obtain permission therefor from the Commissioner of the Local Police Agency pursuant to Ordinance of the Ministry of Public Administration and Security: Provided, That where the scope of business areas covers not less than two Special Metropolitan Cities, Metropolitan Cities, Dos or Special Self-Governing Provinces, he/she shall obtain permission from the Commissioner General of the National Police Agency. |
| (2) |
If the person who has obtained permission referred to in paragraph (1) intends to change important matters prescribed by Presidential Decree, he/she shall obtain permission from the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency pursuant to Ordinance of the Ministry of Public Administration and Security. |
| (3) |
Where any government agency or local government intends to do speculative business, it shall obtain approval from the Commissioner General of the National Police Agency. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 5 (Requirements for Permission) |
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| (1) |
Upon receiving an application for permission for speculative business prescribed in Article 4 (1), the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency may grant permission therefor, only in cases falling under any of the following subparagraphs: |
| 1. |
Where it is deemed particularly necessary to promote public welfare; |
| 2. |
Where it is deemed particularly necessary to sell and advertize goods; |
| 3. |
Where it is deemed particularly necessary to promote tourism and to attract tourists. |
| (2) |
The cases "where it is deemed particularly necessary" as referred to in each subparagraph of paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 6 (Restriction on Permission) |
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The Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency may not grant permission for speculative business prescribed in Article 4 (1) (hereinafter referred to as "business permission") in any of the following cases:
| 1. |
The case in which, within two years after the business permission is canceled pursuant to Article 21 (2) or the business site is closed pursuant to Article 24 (1), one desires to operate the same kind of business in the same place as before; |
| 2. |
The case in which the person who desires to operate speculative business falls under any of the following items: |
| (a) |
The minor, the incompetent, or the quasi-incompetent; |
| (b) |
The person who is declared bankrupt and yet to be reinstated; |
| (c) |
Mentally ill persons referred to in subparagraph 1 of Article 3 under the Mental Health Act: Provided, That the same shall not apply to a person who is deemed appropriate for conducing such business by psychiatrists; |
| (e) |
The person who was sentenced to a sentence of imprisonment without prison labor or to a heavier sentence and for whom not more than two years have passed after the termination of, or exemption from its execution; |
| (f) |
The person who is under a grace period after having been sentenced to a suspended execution of imprisonment without prison labor or to heavier punishment; |
| (g) |
The person who is under a grace period after having been consigned to a suspended sentence of imprisonment without prison labor or heavier punishment; |
| (h) |
The juristic person, one of whose executives falls under any of items (a) through (g); |
| 3. |
The case in which other Acts and subordinate statutes prescribe the prohibition of any speculation business. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 7 (Term of Validity of Business Permission) |
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| (1) |
The term of validity of business permission for each speculative business shall be prescribed by Presidential Decree, but it shall not exceed three years. |
| (2) |
Any person who wishes to continue his/her business after the term of validity of business permission referred to in paragraph (1) shall obtain permission renewed pursuant to Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 8 (Conditional Permission to Operate Business) |
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| (1) |
The Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency may grant business permission on condition that a person be furnished with facilities and speculative instruments prescribed in Article 3 within the period prescribed by Presidential Decree. |
| (2) |
Where a person who has obtained permission referred to in paragraph (1) fails to be furnished with the facilities and speculative instruments ready within the specified period without justifiable grounds, the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency shall cancel such permission. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 9 (Succession to Business, etc.) |
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| (1) |
A person who falls under any of the following subparagraphs shall succeed to the status of the person who has obtained business permission (hereinafter referred to as "business operator"): |
| 1. |
If the business operator dies, his/her heir; |
| 2. |
If the business operator has handed over his/her business, his/her transferee; |
| 3. |
If his/her business merges into a juristic person, the juristic person surviving the merger or the juristic person newly established by the merger. |
| (2) |
A person who has acquired all business facilities and speculative instruments (referring to main facilities and speculative instruments prescribed by Presidential Decree) in accordance with any of the following procedures shall succeed to the status of the previous business operator. In such cases, the permission given to the previous speculative business operator shall lose its validity: |
| 4. |
Other procedures similar to those prescribed in subparagraphs 1 through 3. |
| (3) |
Any person who has succeeded to the status of a business operator under paragraph (1) or (2) shall report to the Commissioner General of the National Police Agency or to the Commissioner of the Local Police Agency within one month from the date of succession, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) |
Article 6 concerning restriction on permission shall apply mutatis mutandis to the succession referred to in paragraphs (1) and (2). |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
SECTION 2 Operation of Business
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| Article 10 Deleted.<by Act No. 5943, Mar 31, 1999> |
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| Article 11 (Methods of and Restriction on Businesses) |
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| (1) |
Matters necessary for the method of business and prize money shall be prescribed by Presidential Decree. |
| (2) |
If the Commissioner General of the National Police Agency deems it necessary for the public interest or to prevent an excessive speculative spirit to preserve good morals, he/she may place necessary restrictions on the business hours of speculative business or management and operation of individual business sites, and other matters concerning the business. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 12 (Matters to be Observed by Business Operators) |
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Any business operator (including those engaged in the businesses prescribed by Presidential Decree) shall observe the restrictions on the following matters and the matters prescribed by Presidential Decree concerning the method of the business and the prize money and the restrictions on the business hours, etc. under Article 11:
| 1. |
He/she shall not lend his/her business title to anyone; |
| 2. |
He/she shall not install or use any speculative instrument violating relevant Acts and subordinate statutes; |
| 3. |
He/she shall not alter any speculative instrument, in contravention of the provisions of Acts and subordinate statutes; |
| 4. |
He/she shall not admit any juvenile (referring to the juveniles under subparagraph 1 of Article 2 under the Juvenile Protection Act; hereinafter the same shall apply) into the business place of speculative acts determined by Ordinance of the Ministry of Public Administration and Security, or permit any participation of juveniles into the speculative business utilizing the information and communications networks, such as the Internet; |
| 5. |
He/she shall not make advertisements or propaganda which might be detrimental to good morals by stirring up an excessive speculative spirit. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 12-2 (Inspection on Speculative Instruments of Business Operators) |
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| (1) |
Any business operator who operates his/her business using speculative instruments shall have his/her instruments undergo an inspection conducted by the Commissioner General of the National Police Agency to see whether the relevant instruments satisfy the standards and criteria prescribed in Article 14 (1) or (2) pursuant to Ordinance of the Ministry of Public Administration and Security. |
| (2) |
Article 15 (2) and (4) shall apply mutatis mutandis to the matters concerning the attachment of a certificate and the procedure for and the method of inspections, etc. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
CHAPTER Ⅲ MANUFACTURE AND SALE OF SPECULATIVE INSTRUMENTS
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| Article 13 (Permission for Manufacturing Speculative Instruments, etc.) |
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| (1) |
Any person who desires to manufacture speculative instruments shall be equipped with facilities, equipment and personnel, etc. prescribed by Ordinance of the Ministry of Public Administration and Security, and obtain permission from the Commissioner General of the National Police Agency, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (2) |
Any person who desires to sell speculative instruments shall obtain permission therefor from the Commissioner General of the National Police Agency, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) |
Where a person who has obtained permission for manufacturing speculative instruments referred to in paragraph (1) (hereinafter referred to as "manufacturer of speculative instruments") and a person who has obtained permission for selling speculative instruments referred to in paragraph (2) (hereinafter referred to as "seller of speculative instruments") intend to change any important matters prescribed by Presidential Decree, he/she shall obtain permission therefor from the Commissioner General of the National Police Agency, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) |
Articles 6, 8 and 9 concerning the restriction on permission for business, etc. shall apply mutatis mutandis to the restriction on permission for manufacturing and selling speculative instruments referred to in paragraphs (1) and (2), conditional permission for business, and the succession to the business. |
| (5) |
Any manufactuer of speculative instruments shall be deemed to have obtained permission for selling speculative instruments referred to in paragraph (2). |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 14 (Standards and Criteria for Speculative Instruments) |
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| (1) |
If the Commissioner General of the National Police Agency deems it necessary, he/she may determine the standards and criteria for the shape, structure, materials, functions, etc. of speculative instruments. |
| (2) |
As for the speculative instruments of which the standards and criteria referred to in paragraph (1) have not been established, the Commissioner General of the National Police Agency may deem that the standards and criteria for the relevant speculative instruments have been established, if they have undergone inspections by the inspecting institution designated by the Minister of Public Administration and Security, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) |
Speculative instruments to be exported may be manufactured in accordance with the standards and criteria demanded by the importer, notwithstanding paragraphs (1) and (2). |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 15 (Inspections of Speculative Instruments of Manufacturer, etc. of Speculative Instruments) |
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| (1) |
If any manufacturer or seller of speculative instruments (hereinafter referred to as "manufacturer or seller of speculative instruments") has manufactured (referring to producing, remolding or repairing; hereinafter the same shall apply) or imported the speculative instruments determined by Presidential Decree, he/she shall submit them to the Commissioner General of the National Police Agency to inspect whether each item of the speculative instruments satisfies the standards and criteria prescribed in Article 14 (1) or (2), as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (2) |
To the speculative instruments which passed an inspection referred to in paragraph (1), a certificate shall be attached, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (3) |
Any manufacturer or seller of speculative instruments shall keep the record of matters inspected pursuant to paragraph (1) for three years from the date such instruments are inspected, as prescribed by Ordinance of the Ministry of Public Administration and Security. |
| (4) |
Matters necessary for the method of and procedure for an inspection referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 16 (Criteria for Indication) |
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Any manufacturer and seller of speculative instruments shall indicate the matters determined by Ordinance of the Ministry of Public Administration and Security on any speculative instrument prescribed by Presidential Decree, and shall not make a false indication.
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 17 (Matters to be Observed by Manufacturers and Sellers of Speculative Instruments) |
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Any manufacturer or seller of speculative instruments shall observe the matters concerning the business prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
CHAPTER Ⅳ INSTRUCTION AND SUPERVISION OF SPECULATION BUSINESS OPERATORS
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| Article 18 (On-Site Inspection) |
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| (1) |
If particularly necessary, the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency may have a business operator, manufacturer and seller of speculative instruments (hereinafter referred to as "business operator, etc.") file a necessary report, or have any public official concerned visit the business site to inspect business facilities, speculative instruments, documents concerned, an account book, and whether the business operator, etc. observes the matters to be observed. In such cases, the official may also inspect the business of speculative acts utilizing the information and communications networks, such as the Internet. |
| (2) |
The public official concerned who visits the business site to conduct an inspection pursuant to paragraph (1) shall carry with him/her a certificate indicating his/her authority, and produce it to the person concerned. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 19 (Administrative Instruction and Correction Order, etc.) |
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| (1) |
If the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency deems it necessary for the public interest or for the preservation of good morals and for the prevention of an excessive speculative spirit, he/she may give necessary instructions and orders to a business operator, etc. |
| (2) |
The Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency may order the repair or improvement of facilities, or order correction thereof immediately or within a designated period in any of the following cases: |
| 1. |
Where business facilities, etc. fail to satisfy the standards prescribed in Article 3 or 13 (1); |
| 2. |
The business operator, etc. violates this Act or any order issued under this Act. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 20 (Disposal, etc.) |
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Where any speculative instrument fails to satisfy the standards prescribed in Article 14 (1) or (2) or is sold without having been inspected pursuant to Article 15, the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency may order a person who manufactured or imported the speculative instrument to collect and dispose of the instrument, or may have the public official concerned do so.
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 21 (Administrative Measures) |
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| (1) |
Where any business operator falls under any of the items of subparagraph 2 of Article 6, the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency shall cancel his/her business permission. In such cases, if the business operator is a juristic person and falls under subparagraph 2 (h) of Article 6, he/she shall give a grace period of three or more months needed to change the executive before permission is cancelled. |
| (2) |
Where a business operator, etc. violates this Act or any order issued under this Act, the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency may cancel his/her business permission or may order the suspension of his/her business by fixing a period of not more than six months. |
| (3) |
Detailed standards for the administrative measures referred to in paragraph (2) shall be determined by Ordinance of the Ministry of Public Administration and Security. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 22 Deleted.<by Act No. 5456, Dec 13, 1997> |
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| Article 23 (Succession to Effect of Administrative Measures) |
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Where business is succeeded pursuant to Article 9 (1) (including cases to which Article 13 (4) shall apply mutatis mutandis), the effect of the administrative measures taken against the former business operator, etc. shall be succeeded to the new business operator, etc. for one year after the term of validity of the measures prescribed in Article 21 (2) expires, while where the procedure for administrative measures is continuing, it may proceed to the new business operator, etc.: Provided, That this shall not apply to the cases where the new business operator, etc. (excluding the person who succeeded to business by inheritance) proves that he/she did not know about the administrative measures or the offense committed by the former business operator, etc. at the time of succession of business.
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 24 (Order to Shut Down Business Sites, etc.) |
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| (1) |
In the case any business operator operates his/her speculative business, manufactures or sells speculative instruments without any permission prescribed in Articles 4 (1) and (2), 7 (2) or 13 (1) through (3), or in the case any business operator continues his/her business even if his/her permission is cancelled or he/she is given the order to suspend his/her business under Article 21 (1) or (2), the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency may have the public official concerned take the following measures in order to shut down the business site concerned: |
| 1. |
Removal of the signboard of the business site concerned and other signs indicating the business; |
| 2. |
Posting notices, etc. to inform people that the business site concerned was illegal; |
| 3. |
Sealing in order to disallow the use of indispensible facilities or instruments for business activities for the purpose of their disuse. |
| (2) |
After the seal referred to in paragraph (1) 3 is affixed, the seal may be removed if any of the following grounds accrues: Provided, That the same shall apply even in cases where a notice has been posted pursuant to paragraph (1) 2: |
| 1. |
Where the seal is deemed unnecessary; |
| 2. |
Where the business operator, etc. or his/her representative promises to shut down the business concerned; |
| 3. |
Where the business operator, etc. or his/her representative requests removal of the seal for a justifiable reason; |
| (3) |
When the measures referred to in paragraph (1) are taken, the business operator, etc. concerned or his/her representative shall be informed in advance thereof in writing: Provided, That this shall not apply to a case where urgent circumstances exist. |
| (4) |
The measures referred to in paragraph (1) shall be permitted to such a minimum extent to disallow the business. |
| (5) |
The public official concerned who shuts down the relevant business site pursuant to paragraph (1) shall carry with him/her a certificate indicating his/her authority and produce it to the person concerned. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 25 (Matters to be Observed by Users of Business Sites for Speculative Acts) |
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| (1) |
The user of the business site for speculative acts shall not ask the business operator to do acts determined by Ordinance of the Ministry of Public Administration and Security which might stir up an excessive speculative spirit or be detrimental to good morals. |
| (2) |
When a business operator requires a person entering the speculative business place to show his/her resident registration certificate, etc. or ask him/her about the matters concerning his/her identification in order to determine whether he/she is a juvenile, the person concerned shall cooperate with the business operator. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
CHAPTER Ⅴ ORGANIZATION RELATED TO SPECULATION BUSINESS
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| Article 26 (Establishment of Business Operators' Association) |
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| (1) |
Business operators, etc. may establish business operators' associations for each type of business nationwide (hereinafter referred to as "association") in order to promote the sound development of the business. |
| (2) |
The association established under paragraph (1) shall be a juristic person. |
| (3) |
The association may have its branches or divisions in accordance with its articles of association. |
| (4) |
The provisions pertaining to a corporate juristic person under the Civil Act shall apply mutatis mutandis to the matters with respect to the association which are not stipulated under this Act. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
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| Article 27 (Hearings) |
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Where the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency intends to cancel business permission pursuant to Article 21 or cancel the establishment permission for the association pursuant to the Civil Act, he/she shall hold a hearing.
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 27-2 Deleted.<by Act No. 5943, Mar 31, 1999> |
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| Article 28 (Fees) |
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In any of the following cases, a fee shall be paid, as prescribed by Presidential Decree:
| 1. |
Permission prescribed in Articles 4 (1) and (2), 7 (2), and 13 (1) through (3); |
| 2. |
Reporting of succession of the business prescribed in Article 9 (3) (including the case to which Article 13 (4) apply mutatis mutandis); |
| 4. |
Chek-ups of speculative instruments prescribed in Article 14 (2). |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 29 (Delegation and Entrustment of Authority) |
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| (1) |
The Commissioner General of the National Police Agency may delegate some of his/her authority prescribed in this Act to the Commissioner of the Local Police Agency or to the chief of a police station, as prescribed by Presidential Decree. |
| (2) |
The Commissioner General of the National Police Agency may entrust the affairs of inspecting the speculative instruments prescribed in Articles 12-2 (1) and 15 (1) to a professional inspection institution, as prescribed by Presidential Decree. |
| (3) |
The executives and employees carrying out the inspection affairs in the inspecting institution referred to in Article 14 (2) or the executives and employees performing inspection affairs in the professional inspection institution under paragraph (2) shall be regarded as public officials in the application of Articles 129 through 132 of the Criminal Act. |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
CHAPTER Ⅶ PENAL PROVISIONS
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| Article 30 (Penal Provisions) |
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| (1) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or a fine not exceeding 50 million won: |
| 1. |
The person who makes the speculative acts as his/her business by utilizing slot machines or speculative gaming machines, in addition to the speculative business; |
| 2. |
The person who sells slot machines or speculative gaming machines to the persons making the acts of subparagraph 1 as their business, or who manufactures or imports them for the purpose of selling. |
| (2) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or a fine not exceeding 20 million won: |
| 1. |
The person who operates his/her business without obtaining the permission under Article 4 (1) or 7 (2); |
| 2. |
The person who installs, uses or alters the speculative instruments in contravention of subparagraph 2 or 3 of Article 12; |
| 3. |
The person who operates his/her business without obtaining the permission under Article 13 (1) or (2). |
| (3) |
The person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding 10 million won: |
| 1. |
The person who has made his/her business without obtaining permission for alteration under Article 4 (2) or 13 (3); |
| 2. |
The person who has conducted his/her business without making a report on succession in contravention of Article 9 (3) (including the case of applying mutatis mutandis under Article 13 (4)); |
| 3. |
The person who has operated his/her business without observing the matters prescribed by Presidential Decree or restrictions on business hours, etc. concerning the business methods and the prize money under Article 11 in contravention of the partial provisions other than each subparagraph of Article 12; |
| 4. |
The person who has lent his/her business title to others in contravention of subparagraph 1 of Article 12; |
| 5. |
The person who has operated his/her business by admitting juveniles or permitting their participation in contravention of subparagraph 4 of Article 12; |
| 6. |
The person who has made an advertisement or publicity in contravention of subparagraph 5 of Article 12; |
| 7. |
The person who has operated a business by utilizing the speculative instruments which has failed to undergo any inspection under Article 12-2; |
| 8. |
The person who has sold the speculative instruments which has failed to undergo any inspection under Article 15 (1); |
| 9. |
The person who has damaged or removed the completion certificate of passing an inspection under Article 15 (2) (including the case applied mutatis mutandis under Article 12-2 (2)); |
| 10. |
The person who has failed to keep the inspection record in contravention of Article 15 (3); |
| 11. |
The person who has sold the speculative instruments without any label or sold them by making a false label in contravention of Article 16; |
| 12. |
The person who has failed to report under Article 18 (1) or has submitted a false report and who has refused, obstructed or evaded the entry, inspection and other dispositions of the related public officials; |
| 13. |
The person who has failed to follow the orders of repair, improvement or correction under Article 19 (2); |
| 14. |
The person who has performed business during the business-suspension period in contravention of a disposition of the business suspension under Article 21 (2). |
[This Article Wholly Amended by Act No. 11034, Aug. 4, 2011]
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| Article 31 (Joint Penal Provisions) |
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If the representative of a juristic person, or an agent, a servant or any other employee of a juristic person or an individual commits an offense as prescribed in Article 30 in connection with the affairs of the juristic person or the individual, not only shall such offender be punished accordingly, but the juristic person or the individual shall also be subject to a fine provided for in the relevant provisions: Provided, That the foregoing shall not apply where the juristic person or the individual has not neglected in giving due attention and supervision concerning the relevant affairs to prevent such offense.
[This Article Wholly Amended by Act No. 10149, Mar. 22, 2010]
<This Article, for which the decision of unconstitutionality has been made by the Constitutional Court of Korea on July 30, 2009, shall be amended by Act No. 10149, March 22, 2010.>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Transitional Measures concerning Administrative Measures)
The permission given by the administrative agencies such as the Minister of Home Affairs, Seoul Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor and the acts performed by other administrative agencies, or various reports and other acts done to the administrative agencies pursuant to the previous provisions at the time this Act enters into force, shall be regarded as the acts of, or acts to, the administrative agencies corresponding to them as prescribed in this Act.
Article 4 (Relation with Other Acts and Subordinate Statutes)
In case other Acts and subordinate statutes cite or apply the previous Act on the Control of Lottery Ticket Issuance, Prize Competition Offers and Other Speculative Acts at the time this Act enters into force, and this Act includes the provisions corresponding to those of the said previous Act, this Act or the relevant provisions of this Act shall be deemed to have been cited or applied to in lieu of the previous provisions.
ADDENDA<Act No. 4407, Nov. 30, 1991>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) |
(Transitional Measures) The permission, approval, cancellation of a permission, and suspension of and restriction on business given by the Minister of Home Affairs or Mayor/Do governor under the previous provisions at the time this Act enters into force shall be regarded as those given by the Commissioner General of the National Police Agency or the Commissioner of the Local Police Agency under this Act. |
| (3) |
(Transitional Measures) The report made to the Minister of Home Affairs or Mayor/Do governor under the previous provisions at the time this Act enters into force shall be regarded as that made to the Commissioner General of the National Police Agency or to the Commissioner of the Local Police Agency under this Act. |
ADDENDA<Act No. 4607, Dec. 27, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Abolition of Chuck-Farthing Business)
| (1) |
The person who has obtained a permission to conduct chuck-farthing business or other speculation businesses operated by mechanical beadthrowing under the previous provisions at the time this Act enters into force may continue his/her business under the previous provisions until the valid period of the permission is expired notwithstanding the amended provisions of Articles 2 (1) 1 (c) and (d), 5 (1) and 30 (1) 4. |
| (2) |
The amended provisions of Article 12-2, subparagraph 4 of Article 28 and Article 30 (2) 7-2 and 9 shall be applicable to the person who operates his/her business pursuant to the provisions of paragraph (1) of this Article. |
| (3) |
The amended provisions of Article 30 (1) 5 shall not be applicable to the person who sold the speculative instruments concerned to the person operating his/her business pursuant to the provisions of paragraph (1) of this Article or manufactured or imported it to sell him/her. |
ADDENDA<Act No. 4778, Aug. 3, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5817, Feb. 5, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 5943, Mar. 31, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 6479, May 24, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7901, Mar. 24, 2006>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) |
(Transitional Measures concerning Application of Penal Provisions) The previous provisions shall govern in the application of penalty provisions against the acts of the persons who have made a business utilizing slot machines, mechanical rolling ball machines, or electronic speculative gaming machines before the enforcement of this Act or the persons who have manufactured or imported them for the purpose of selling. |
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 10149, Mar. 22, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDUM<Act No. 11034, Aug. 4, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 11048, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one years after the date of its promulgation.
Articles 2 through 5 Omitted.
