Juvenile Game Center Provides Candy as Prizes, Fined Amid Gambling Controversy

An operator of an arcade who offered chocolate and candy as prizes for youth gaming machines has been fined for violating the Gaming Industry Act.

On the 18th, according to the legal community, the Seoul Western District Court's Criminal Division 7 (Judge Ma Sung-young) imposed a fine of 1 million won each on A (37), the arcade operator, and B Corporation, which he represents, for violating the Gaming Industry Promotion Act.

A was prosecuted for installing three gaming machines for youths in his arcade located in Yongsan, Seoul, and providing food items with expiration dates such as chocolate and candy as prizes.

Current gaming industry regulations explicitly prohibit offering items with expiration dates as prizes for youth gaming machines. This is a measure aimed at fostering a healthy gaming culture among youth and preventing gambling tendencies.

Court Rules, "Prize Restrictions for Youth Protection are Justified"

During the trial, A claimed that his actions did not violate the law.

A argued, "Snacks or candy do not induce gambling behavior, and prohibiting them solely because they have expiration dates violates the principle of excessive prohibition." He also raised concerns about the legality of the investigation, stating that the police searched the arcade without a warrant and took statements without informing him of his right to remain silent.

However, the court did not fully accept A's claims.

In the judgment, the court stated, "Offering food items such as chocolate as prizes raises concerns about harming the health of youths and has the potential to induce gambling behavior, making the restriction on offering prizes justified."

The court particularly emphasized, "Whether prizes within gaming machines can induce gambling behavior should be judged not solely based on the nature of the items, but in accordance with the purpose of the law, which is to protect youth."

This clarifies that the Gaming Industry Act aims not just to restrict the types of items but also to create a healthy growth environment for youth.

Regarding the legality of the investigative procedures, the court opined, "The arcade is a place with unrestricted access to the public, and the police's entry and recording without a warrant in a general manner is not unlawful," adding, "Considering that the suspect was not in a position of being accused during the statement-taking process, there are no procedural defects."

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