[1] Whether the above provision applies to a game product classified as “18 years of age” before the establishment of Article 3(1) of the “standards for Handling Gifts at Game Providing Establishments” (No. 2002-2 of the Ministry of Culture and Tourism Notice) (negative in principle)

[2] In a case where a game providing business operator who received a rating prior to the establishment of Article 3(1) of the "Standards for Handling Gift in a game providing establishment of a game providing business establishment" (No. 2002-2 of the Ministry of Culture and Tourism notification) provided gift gifts, such as a drama, etc. to a game machine user according to the game result without a re-rating after the aforementioned notification, the case holding that the act does not constitute Article 32 subparag. 3 of the former Sound Records, Video

[1] The purpose of Article 3 (a) of the "Standards for Handling Gifts at Game Establishments" (Public Notice No. 2002-2) of the Ministry of Culture and Tourism of February 9, 2002, which provides that "it may provide free gifts to customers according to the results of the game classified in a state with the function of paying free gifts at the time of the original classification" is to prevent any evasion of law or side effects expected by adding mainly books, merchandise coupons, cultural merchandise coupons, hotel facility vouchers, etc. to the types of free gifts under the Tourism Promotion Act, which are highly exchangeable, and it is to prevent any evasion of law or side effects expected by adding books, merchandise coupons, cultural merchandise coupons, hotel facility vouchers, etc. to the types of free gifts. Before the above public notice, a game product which has already been classified as "18 years old-old-old-old-use prices" (which is naturally allowed to receive free gifts less than 20,000 won at the time of the original classification. However, in order to provide free gifts as a gift certificate that can only be provided by the above public notice.

[2] In a case where a game providing business operator who received a rating prior to the establishment of Article 3(1) of the "Standards for Handling Gift in a game providing establishment of a game providing business establishment" (No. 2002-2 of the Ministry of Culture and Tourism’s notification), without going through a re-rating after the said notification, provided a gift gift such as a drama to a game machine user according to the game result, the case holding that the case does not constitute Article 32 subparag. 3 of the former Sound Records, Video Products and Game Products Act (amended by Act No. 7943 of Apr. 28, 2006)

[1] Article 32 subparag. 3 of the former Sound Records, Video Products and Game Software Act (amended by Act No. 7943 of Apr. 28, 2006) (see current Article 28 subparag. 3 of the Game Industry Promotion Act), Article 3(a) of the standard for handling premiums at a game providing establishment (Public Notice No. 2002-2 of the Ministry of Culture and Tourism) / [2] Article 32 subparag. 3 of the former Sound Records, Video Products and Game Products Act (amended by Act No. 7943 of Apr. 28, 2006) (see current Article 28 subparag. 3 of the Game Industry Promotion Act), Article 3(a) of the standard for handling premiums at a game providing establishment (see current Article 202-2)

Defendant

Defendant

Law Firm Seog, Attorney Kim Young-young

Seoul Eastern District Court Decision 2005No273 decided May 20, 2005

The judgment of the court below is reversed, and the case is remanded to the Seoul Eastern District Court Panel Division.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

According to the evidence duly adopted and examined by the court below, if the defendant installed a "waitton game" game machine in his game room and stored money in a machine with a machine, and he stored money in a machine with a machine, he can be found that the defendant discharges money out of the machine, such as a dog, key straw, hand straw, etc., and each of the above things constitutes gift under Article 32 subparagraph 3 of the Sound Records, Video Products and Game Products Act repealed by Act No. 7943 of Apr. 28, 2006. Thus, the judgment of the court below and its determination on this point are just, and there are no errors in the misapprehension of legal principles as to this point.

2. Regarding ground of appeal No. 2

A. On February 9, 2002, which was enacted by delegation of Article 32 subparag. 3 of the Sound Records, Video Products and Game Software Act (amended by Act No. 6473 of May 24, 2001), “the standard for handling premiums at a game providing establishment” (Article 2002-2 of the Ministry of Culture and Tourism’s notification; hereinafter “instant notification”) stipulated in Article 3(a), unlike the former notification of Oct. 25, 199, that “the game can be provided to customers with premiums according to the result only for the game products rated in a state with the original rating function at the time of the original classification.”

B. Examining the circumstances recognized by the Minister of Culture and Tourism on March 22, 2002 and the fact-finding inquiry letter by the Minister of Culture and Tourism and the Chairperson of the Korea Media Rating Board, in light of the relevant laws and regulations, Article 3(1) of the Public Notice is to prevent any evasion of laws or side effects anticipated by adding books, merchandise coupons, cultural merchandise coupons, hotel facility vouchers, etc. (hereinafter “value coupons, etc.”) to the category of gift at the hotel facilities under the Tourism Promotion Act, which are highly interchangeable. The game products (the market price of less than 20,000 won is naturally allowed) already classified as “18 years old-old-old-age-use price” before the public notice of this case is given, even if they were not classified in the status of original-level-based gift payment function, and it is prohibited that gift vouchers, etc. which can be provided as gift only before the public notice of this case is provided (in order to provide merchandise coupons, etc., the remaining part of the game products should be interpreted as the same as the public notice of this case.)

C. In this case, even according to the court below's approval, there is no evidence as to the fact that the articles provided as free gifts are merely Lanes, keyss, kins, and kins, and recorded gift certificates (which is permitted as free gifts regardless of any public notice), or that the market value exceeds 20,000 won. Thus, the court below erred in the misapprehension of legal principles as to the scope of application of the above law and the notice of this case, which affected the conclusion of the judgment by misapprehending the legal principles as to the provision of free gifts as stated in the facts charged of this case on the ground that the defendant did not receive a classification again with a gift payment device after the public notice of this case. The ground of appeal pointing this out has merit.

3. Conclusion

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan (Presiding Justice)