Interpretation of the laws governing speculation in Korea has been discussed primarily based on the judiciary judgment over the concept of speculation where the courts and statutes have been consistent in applying the existence of “cash convertibili...
Interpretation of the laws governing speculation in Korea has been discussed primarily based on the judiciary judgment over the concept of speculation where the courts and statutes have been consistent in applying the existence of “cash convertibility” as the criterion in determining the speculative nature of an activity. This has applied to the Korean gaming regulations in such a way that a game is to be prohibited if it meets this speculative condition but allowed otherwise.
In this context, the existence of cash convertibility in the game system has been the single most important criterion in ascertaining the applicability of the Korean speculative regulations on online poker games. However, the limitation of this approach has surfaced overtime as some online poker games could escape the coverage of this regulatory logic by not offering a system of cash convertibility.
Amendments of the Game Industry Promotion Act in 2007 to prohibit “cash conversion” business and in 2011 to prohibit the “promotion of speculation" based on the game service method, has presented a new direction in the government’s regulation against speculation in online poker games, as the new amendment was devised to prevent misuse by the users or the service providers of online poker games that do not meet the definition of speculation such as gambling, under the existing provisions.
To enforce this new regulatory framework, the Ministry of Culture, Sports and Tourism published in November 2012 an administrative notice of a new set of standards under which the government could issue corrective recommendations against any act of encouraging speculation in online poker games and covers both direct and indirect means to regulate based on the game service methods.
However, this new set of standards are based on Article 28 (2-2) of the Game Industry Promotion Act, which merely prohibits service methods that “promote speculation.” Following the existing interpretation, this should be interpreted as prohibiting online poker games based on the presence of any mechanism to convert game money into cash. Consequently, nothing can be identified for direct regulation and thus valid for corrective recommendation under this new set of regulatory standards and only some indirect aspects of speculative activity such as the transaction counterpart, transaction method and the expression of intent may be valid, although in a limited manner, under the new regulatory standards.