CONTENTS
- 1. The Client Who Sought Assistance Regarding a Violation of the Game Industry Promotion Act
- - What Is the Game Industry Act?
- 2. Establishing a Strategy to Defend Against the Charge of Violating the Game Industry Promotion Act
- - Defense Against a Game Industry Act Violation 1. Highlighting Admission of the Facts and a Sincere Attitude of Remorse
- - Defense Against a Game Industry Act Violation 2. Demonstrating the Small Scale of the Business and the Brevity of Its Operation
- - Defense Against a Game Industry Act Violation 3. Emphasizing the Minor Degree of Involvement as an Employee
- 3. Defense Against a Custodial Sentence Despite the Charge of Violating the Game Industry Promotion Act
- - Why a Specialist Attorney's Assistance May Be Needed for a Game Industry Act Violation
1. The Client Who Sought Assistance Regarding a Violation of the Game Industry Promotion Act
This is the account of a client who requested assistance for a violation of the Game Industry Promotion Act.
The client was a self-employed person who ran a small internet café in a small provincial city.
The client initially worked as an ordinary employee at that internet café, and upon a proposal from the existing operator he took over the business and personally ran the internet café for a little over a month.
The problem was that the rating classification issue for some of the game products provided at the internet café from before had not been resolved, and the client continued the business as before, having taken over the operation without sufficiently checking that issue.
As a result, the client was caught in a police crackdown on suspicion of providing, for cash and to an unspecified number of customers, game products that had not received a rating classification and game products differing from the content for which a rating classification had been received.
This violation of the Game Industry Promotion Act is a representative example of a case in which a person may be subject to criminal punishment for being caught in a crackdown after continuing a business without properly recognizing its illegality, even where the person did not intentionally and directly operate an illegal game arcade.
In particular, because even a small subsistence-type internet café or a part-time employee can become a subject of investigation, an early response is very important.
For the client who requested assistance, an attorney experienced in numerous game industry law matters formed a task force team and responded immediately.
What Is the Game Industry Act?
The Game Industry Promotion Act is a statute enacted for the purpose of the sound distribution of game products, the protection of juveniles, and the sound development of the game industry.
The 🔗Game Industry Act strictly prohibits the act of distributing or providing a game product that has not received a rating classification, or providing a game product different from the content for which a rating classification was received.
A person who provides an unapproved game product may be subject to imprisonment for not more than one year or a fine not exceeding 10 million won.
In addition, a person who allows a game product to be used for gambling or fraudulent acts, or who provides speculativeness by offering prizes and the like, may be subject to imprisonment for not more than 5 years or a fine not exceeding 50 million won.
Representative examples of violations of the Game Industry Act are as follows.
▶Provision and encouragement of speculative game products
▶Illegal exchange acts
▶Operation of unlicensed or illegal game arcades
▶Unauthorized modification and distribution of game products
2. Establishing a Strategy to Defend Against the Charge of Violating the Game Industry Promotion Act
The firm set about establishing a defense strategy for the client charged with violation of the Game Industry Promotion Act.
The attorney in charge analyzed from multiple angles the gravity of the matter, the scale of the business, the degree of participation in the crime, and the attitude after the crackdown.
Defense Against a Game Industry Act Violation 1. Highlighting Admission of the Facts and a Sincere Attitude of Remorse
The client acknowledged all of the alleged facts in the early stages of the investigation and showed an attitude of remorse for the wrongdoing.
In particular, immediately after the crackdown, the client ceased operations at once, terminated the lease for the internet cafe, and then took up a new job, making efforts to prevent reoffending.
The attorney in charge emphasized that the client had acknowledged the facts from the early stages of the investigation and was sincerely remorseful, and requested leniency.
Defense Against a Game Industry Act Violation 2. Demonstrating the Small Scale of the Business and the Brevity of Its Operation
The internet cafe that the client operated was very small in scale, with few computers installed, and was a small-scale business.
The period during which the client operated it as a business owner was also only about three months, and the actual profits were extremely small.
Most of the revenue was used up on staff wages, rent, and utility charges, and the actual profit the client obtained was very slight.
The attorney in charge emphasized that this was not a habitual or organized crime and requested leniency.
Defense Against a Game Industry Act Violation 3. Emphasizing the Minor Degree of Involvement as an Employee
During the period of working as an employee, the client in fact merely performed the role of managing the computers and charging game money under the direction of the existing operator.
The responsible attorney emphasized that the client merely performed his duties under the direction of the operator and was not aware that it constituted a crime.
3. Defense Against a Custodial Sentence Despite the Charge of Violating the Game Industry Promotion Act
The client who requested help for a violation of the Game Industry Promotion Act received a suspended sentence and was able to avert an actual custodial sentence.
The court rendered this judgment, taking into account that the defendant acknowledged the offense and showed a reflective attitude, that the concern of reoffending appeared low, and that the profit actually obtained was not large.
Why a Specialist Attorney's Assistance May Be Needed for a Game Industry Act Violation
The punishment in a Game Industry Promotion Act violation case is not determined solely by whether illegal games were provided.
Various factors are comprehensively considered, such as the circumstances of the violation, the scale of operation, the profit structure, the suspect's level of awareness, and efforts to prevent recidivism, and if these circumstances cannot be persuasively explained to the investigative authorities and the court, excessive criminal punishment may result.
Drawing on the experience and know-how accumulated in handling Game Industry Promotion Act violation cases, Daeryun Law Firm provides defense strategies tailored to the client's situation.
The firm also operates branch offices in each region nationwide, maintains a 24-hour emergency consultation system 365 days a year, and provides a tailored video consultation service for clients who find it difficult to visit in person.
Anytime and anywhere, we recommend that you receive the assistance of the 🔗entertainment attorney at Daeryun, Korea's ninth-largest law firm (based on the 2025 value-added tax filings with the National Tax Service).
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
