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Q
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I work at a company that develops and operates mobile games. I am curious about the types of violations of the Game Industry Promotion Act and the corresponding levels of punishment. What kinds of acts are mainly punished as unlawful?
Game Industry Promotion Act
Answer
Published:
Author : Byung Joon KOH
The Game Industry Promotion Act imposes strict regulations across game production, distribution, and operation as a whole in order to foster a sound game culture and prevent the spread of speculative game products.
Therefore, if a game company engages in the following acts, it may become subject to criminal punishment or administrative sanctions.
① Providing speculative game products and illegal currency exchange
Under the Game Industry Promotion Act, speculative acts using game products are strictly prohibited.
If a company uses game products to facilitate speculative acts such as gambling or encourages speculativeness, it may be punished.
The level of punishment is prescribed as imprisonment for up to 5 years or a fine not exceeding 50 million won under Articles 28 and 44 of the Act.
② Distribution of game products that have not received a rating classification
Before official service, all game products must receive a rating classification from the Game Rating and Administration Committee.
If, during rating classification, a product is judged to be a speculative game product, its rating classification may be refused.
In this case, distributing a game product whose rating classification has been refused constitutes an offense punishable by imprisonment for up to 5 years or a fine not exceeding 50 million won under Articles 21 and 44 of the Game Industry Promotion Act.
③ Operating an unregistered or illegal game arcade
Under the Game Industry Promotion Act, to operate a game arcade you must register with the competent authority as a general game provision business or a youth game provision business.
If this is violated, imprisonment for up to 2 years or a fine not exceeding 20 million won is imposed under Articles 26 and 45 of the Act.
Accordingly, if a possibility of violating the law is suspected during game planning or operation, it is safe to obtain the advice of an entertainment attorney with abundant experience in game industry cases.

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