208Guhap43133 Revocation of revocation of rating classification

○ ○

Game Rating Committee

February 24, 2009

March 17, 2009

The plaintiff's claim is dismissed.

Litigation Costs shall be borne by the plaintiff.

On September 17, 2008, the Defendant revoked the revocation of the rating classification for the game products of (class No. AR - 08029 - 002) for the Plaintiff.

1. Details of the disposition;

A. On February 19, 2008, the Plaintiff filed an application with the Defendant for a rating for dance management work of (hereinafter “instant game work”), which is a game software establishment’s game work produced by the Plaintiff, to the Defendant. On February 29, 2008, the Defendant rendered a rating decision (class number: AR - 080307 - 001) regarding the instant game work.

B. On September 17, 2008, the Defendant operated the game differently from the contents of the game classified for the purpose of the speculative operation of the game, and revoked the determination of classification of the game of this case, such as the game of this case, on the ground that the result of the game of this case is determined by chance and is emitted, (hereinafter referred to as the "disposition of this case") pursuant to Article 22 (4) of the Game Industry Promotion Act on the ground that the result of the game of this case is determined by chance, and the gift is emitted (hereinafter referred to as the "Disposition of this case").

[Ground of recognition] Evidence A 1, Evidence A 2, Evidence B 1-1, 2, 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

As game products being used as a speculative game product at a game establishment are not produced and distributed by the plaintiff, but the intermediary wholesaler or the entertainment room business owner are opened and altered, it is illegal to revoke the rating classification even for the normal product which was originally examined by the plaintiff, by asking the plaintiff as the producer, for its responsibility.

(b) Relevant statutes;

As shown in the attached Form.

C. Facts of recognition

(1) Rating applications and rating classification;

(A) At the time of filing an application for rating of the instant game product, the Plaintiff submitted a game description, a letter of information about the content of the instant game product, and a game enforcement file to the Defendant.

1) The game work of this case is a screen image showing the dancing of both men and women at the center of the screen, and there are four white chlograms and one black chlograms at the center of the screen. The game work of this case is located below that of the screen, the screen of this writing is set up on the upper part of the screen, a painting-shaped container on the upper part of the screen, a window showing the number of the remaining games at the bottom of the screen, and a pattern "WOLF" on the right side of the screen.

2 ) 게임방법은 사용자가 필요한 수의 동전을 넣고 시작버튼을 누르면 , 음악의 종 류에 따라 화면 중앙의 동영상의 남녀가 춤을 추기 시작하고 화면중앙의 흰색화살표 4 개가 춤추는 남녀의 스텝의 위치에 따라 전 ( 상 ) , 후 ( 하 ) , 좌 , 우로 바뀌면서 왼쪽으로 순 차적으로 이동하게 되는데 , 이때 사용자가 방향키를 이용하여 화면중앙의 좌측의 검은 색 화살표의 방향을 전 , 후 , 좌 , 우로 조작하여 왼쪽으로 이동하는 흰색 화살표의 방향 과 일치시키는 것이 게임의 주된 조작내용이다 . 사용자의 조작에 의하여 이 두 화살표 의 방향을 일치시키지 못하면 화면 왼쪽 하단에 있는 화살표 모양의 아이콘이 하나씩 줄어들게 되는데 왼쪽으로 이동하는 4개의 화살표 가운데 파란색 화살표가 출연하고 , 이 화살표와 검은색 화살표를 일치시키면 화면 중앙아래 쪽에 ' WOLF ' 라는 글씨가 뜨 면서 화면 우측 하단에 ' WOLF ' 모양이 한 개가 뜨게 된다 . 화면 좌측 하단의 화살표 모양의 아이콘 ( 보통 10개가 주어진다 ) 이 모두 소진될 때까지 ' WOLF ' 모양 6개를 확보 하지 못하면 1회 게임이 종료되고 , 그 전에 ' WOLF ' 모양 6개를 확보하면 경품이 배출 되고 게임은 초기화 된다 .

3) According to the submitted contents of the game contents information technology, “whether the result of the game is decided by chance?”, “I reply to the question,” “I do not see whether the game user’s body will take advantage of the game user’s body when the game is going to run the next game after the completion of one time, and if the game is carried out, I do not directly take the beginning pressing attached to the game, and the following game will proceed? (Automatic progress, etc.)”.

4) The game executing file submitted had sub-spora. Bin file, but the data value was set at zero (0) in the bin file, and there was no knowledge that the bin file had any impact on the game content at the time of seeking the game implementing file.

(B) As a result of deliberation on the game of this case, the Defendant decided to classify the game of this case into “the use of the previous body” by considering that the acquisition of premiums may vary depending on the degree of skilledness of game users’ technology, etc., and there is no speculative or violent nature.

(2) Receipt, investigation, etc. of reports on illegal business of the game of this case

(A) After that, the defendant investigated the current status of the operation of the game of this case through the control of the illegal operation of the game software establishments by the police station in Myeongpo, Daegu, Taecheon-gu, Busan, Busan, and the police station in the Incheon Samsan, and confirmed that the game of this case was used as a speculative game product with a function different from the time when the classification of the game of this case was determined, and is used for business accompanied by illegal money exchange.

(B) The instant game work installed in the control game room is operated in the same way as the contents classified at the original rating and the contents of the game, their external appearance, game methods, and gift lot. However, if a certain section of the game is subject to continuous contribution of the (so-called so-called divided compensation section) blue typing typing typing typing typing typing typing typings by manipulating the key of the user in accordance with the direction of this yellow typing typing typing typing typing typing typing typing typing typings, even if the direction of this typing typing typing typing typing typing typing typings is converted into the direction of this typing typing typing typing typing typing typing typing.

(C) As a result of a close analysis of the program of the instant game work set up in the control game room, data in the game enforcement file of the instant game work. bin file was, unlike bin file, data. data in the game enforcement file which was submitted at the time of deliberation. bin file, bin file was able to set up a so-called division compensation section and to set the frequency of smoke in order to enable a certain number of winning prizes to be made in a certain section by manipulating these numbers.

[Ground of recognition] Gap evidence 1, Eul evidence 2, Eul evidence 1-3, Eul evidence 2-1-3, Eul evidence 3-3, Eul evidence 4, and the purport of the whole pleadings

D. Determination

Comprehensively taking account of subparagraph 2 of Article 2 and Article 21(1) of the Act and Article 9(1) of the Enforcement Rule of the Act, a person who intends to produce or distribute a game product for the purpose of leading the game or providing it for use shall obtain a subordinate classification from the Rating Board before producing or distributing the game product in question. Data to be submitted at the time of the application for rating include documents in which the contents of the game product are stated, such as violent nature, lewdness or gambling, or other information on the contents of the game product, and the degree thereof, and other information on the contents of the game (including related files, and a game product to be attached with an operating information device for the game product shall be attached).

However, according to the above facts, the game of this case is a game product result in winning prizes according to the user’s skilled crafts, and there was no speculative content that can be determined by incidental elements regardless of user’s manipulation such as so-called division compensation section or chain function. However, the game product actually used in the controlled game site is basically the same as the contents of the game classified, but its appearance, game method, and gift lot were modified as a game product with speculative contents such as division compensation section or chain function, and it was not possible to confirm the contents of the program file that can perform such division compensation or chain function but it was not possible to establish the time and frequency of division by making the numerical values of the game products existing in the bin file more easily, and it is not possible to establish the contents of the program of this case’s classification by making the contents of the program of this case’s classification differently from the original game classification from the original game classification point, or by making the contents of the program of this case’s classification differently from the original game classification function of this case’s model or model.

In addition, it does not affect the above conclusion on the ground that the distribution, provision for use, display, and storage of game products different from the contents of the rating are prohibited by law.

Therefore, the instant disposition is lawful, and the Plaintiff’s assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is decided as per Disposition.

Judges in the fixed form of judge -

Judges E.S.

Judgment Notarial Award

Related Acts and subordinate statutes

The Game Industry Promotion Act;

Article 2 (Definitions)

The definitions of terms used in this Act shall be as follows:

1-2. The term "speculative game products" means the following game products which provide a profit or incur a loss in property as a result thereof:

(a) Game products, the contents of which are betting or distribution;

(b) Game products the result of which is determined by an incidental method;

(f) Other game products prescribed by Presidential Decree;

2. The term "information on the contents of a game product" means information on whether the contents of the game product are violent, lewdness or speculative or other information on the operation of the game product;

Article 21 (Classification)

(1) A person who intends to produce or distribute a game product for the purpose of distributing the game product or providing for the use thereof shall obtain a rating on the contents of the game product concerned from the Rating Board before producing or distributing the game product concerned.

(2) The rating of game products shall be as follows:

1. Permitted for use by all: Game products which anyone can use;

(4) The Rating Board shall verify whether a game product which has applied for a rating classification is a speculative game product.

(5) Where the contents of a game product rated are modified, the Rating Board shall report it to the Rating Board within 24 hours under the conditions as prescribed by the Ordinance of the Ministry of Culture and Tourism. In this case, where the reported contents are modified to the extent that it needs to change the rating, it shall notify the Rating Board that they are subject to reclassification within seven days from the date of receipt of the report, and the notified notified contents shall be deemed new game products and shall be subject to the rating classification again in accordance with the procedures prescribed by the

(6) Where a person fails to receive a new rating or provides a rating differently from the details of the rating received while falling under an amendment which requires a change of rating pursuant to paragraph (5), the Rating Board may conduct ex officio investigation at the Rating Board or re-classification the rating at the request of a game products providing business operator or game products distributing

Article 22 (Refusal of Rating and Notice thereof, etc.)

(1) The Rating Board may request a person who applies for rating to submit data necessary for the review of rating, if necessary to conduct the affairs of rating classification.

(2) The Rating Board may refuse to conduct a rating classification for any act or apparatus subject to regulation or punishment under the provisions of other Acts, such as the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., the Criminal Act, etc., any person who applies for a rating without justifiable title, any person who applies for a rating by fraud or other improper means, or any person who applies for a rating by substitute for game products which constitute speculative game products.

(3) Where the Rating Board determines a rating classification, it shall deliver the following documents to the applicant, and where it decides to refuse a rating because a person constitutes a speculative game product, it shall deliver documents stating the details of the decision and the grounds therefor to the applicant without delay:

1. A rating classification certificate stating the relevant rating of the game product;

2. Documents in which obligations according to the rating classification are entered;

3. Documents stating the information on the contents of game products;

(4) When the Rating Board becomes aware of the fact that a rating classification received is subject to the rejection of a rating classification pursuant to paragraph (2), it shall without delay revoke the rating classification decision.

(5) Necessary matters concerning the standards, procedures, and methods for the request for submission of materials under paragraphs (1) through (3), the determination of a rating classification, the procedures for the decision on the refusal of a rating classification and the decision on a speculative game product, the issuance of a rating certificate and matters to be included in the information on the contents of game products shall be

Enforcement Regulations of the Game Industry Promotion Act

Article 9 (Applications, etc. for Classification)

(1) A person who intends to obtain a rating pursuant to Article 21 (1) of the Act shall submit an application for the rating of game products, accompanied by a description of contents of the game products and the following data

1. Video works and photographs taken in the principal process of a game product;

2. In the case of a game product embodied in an exclusive game apparatus or device, the photograph of the game apparatus or device concerned (including the foregoing, the post-the-counter, the coordinates, and the wells);

3. Game products that can be carried out (including related files, and game products that must be attached with an operating information display device for the game products shall be attached thereto);

4. In the case of a game product provided through the information and communications network, a document stating an account for access to and use of the game product concerned.

5. Documents stating the information on the contents of game products.

6. In cases of game products incidental to books, the power of attorney of a game products producer or game products distributor (limited to cases where a book publisher makes a new request);

7. A certificate of electrical appliances safety certification;

(2) The Rating Board may request submission of additional data in addition to the data referred to in the subparagraphs of paragraph (1), if deemed necessary for rating review.