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(영문) 대법원 2014.12.24 2011다80258
손해배상(기)
Text

The judgment below

Of them, the part of the claim for damages caused by the cancellation of casino access.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal No. 1, the legal relationship between the casino operator and casino users surrounding the use of the casino allowed by a national pursuant to the special Act on the Assistance to the Development of Abandoned Mine Areas is a contractual relationship and the principle of self-responsibility applies

Whether casino games will be carried out by a casino operator's business place is determined by the customer himself/herself, and as long as the customer knew that there is a risk that the customer would lose money due to his/her success in the games, the result will also belong to himself/herself as long as he/she participated in the casino games.

Even if a casino operator is subject to a comprehensive business regulation for the public interest in relation to the operation of a casino, it is not justified to recognize the duty of care or protection of the casino operator for the benefit of its users without permission, barring any special circumstance.

A casino operator can only operate a casino pursuant to the relevant Acts and subordinate statutes while complying with the prescribed rules of the games and providing services necessary for running the games, and it is difficult to view that the casino operator has a duty to protect the casino users from taking advantage of their own interests or from incurring excessive property loss due to the casino games, unless there exist clear grounds in the relevant Acts and subordinate statutes.

However, the principle of self-responsibility cannot be considered as an absolute title and may be restricted for the sake of good faith, good faith, and social order, etc., depending on the specific circumstances of individual cases. Therefore, the casino users were in a state of gambling addiction to the extent that they could not control the use of the casino on their own will, and the casino operator could have been aware if he was aware of it or he had paid due attention to it.

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