Why Is Gambling Illegal In South Korea
The Won is the official currency of South Korea and it is accepted anywhere in the country. Making payments to South Korea online casinos can be a bit dicey. South Korean gambling laws clearly make online casino South Korea sites illegal and credit card transactions can be easily traced.
[Example Situation]
Mr. Kim (age 50, Suwonite) invites five of his neighbors come and play poker. Money/betting is involved, but only KRW 500 – 3000 (USD 0.4 – 2.5) per round. They play for about 40 minutes. Mr. Kim loses the most money, around KRW 32,000 (USD 26.5). Mr. Lee, the winner, pays for everyone’s lunch that day. They part ways after that. Q: Crime or no?
In a very similar case last year, the Suwon District Court found them all not guilty of gambling. But not just because of the (small) amount of money. The gambling that day was considered “mere pastime” for these reasons too: 1) They all knew one another, 2) They played for a relatively short period of time + during the day, 3) The winner’s money was spent to buy everyone’s lunch that day, and 4) None of them were very poor.
#1 and #4 are especially important. There have been cases where people were found guilty of gambling even when less money (than the above example) was involved. In these cases, people usually were total strangers and/or living on welfare. In other words, “mere pastime” is a relative concept: Was winning money a means (to fun) or an end itself?
In October 2015, reports came out that three pitchers from the Samsung Lions baseball team were under investigation for having gambled (with large amounts of money) in Macau the previous year. These reports came out right before the 2015 Korean Series, and the Lions decided to remove the three players from their final roster. Well, the Samsung Lions lost to the Doosan Bears. Had they won, it would have been their 5th consecutive title. (They had just won the pennant 5 years straight.)
Criminal Act Article 2: “This Act shall apply to both Korean nationals and aliens who commit crimes in the territory of the Republic of Korea.”
Criminal Act Article 3: “This Act shall apply to all Korean nationals who commit crimes outside the territory of the Republic of Korea.”
Last month, one of the three pitchers, Lim Chang-yong, was found guilty and fined 10 mil won. (Side note: Another pitcher, Oh Seung-hwan, who was playing for a team in Japan was together found guilty and received the same punishment.) Both have been banned for half a season by the KBO (Korea Baseball Organization). Lim is now looking for a team, while Oh has since signed with the St. Louis Cardinals in the U.S. As for the other two Lions pitchers, they are still under investigation. Reports say they are training with the team in preparation for the upcoming season.
- Online gambling remains strictly illegal in Japan, but casinos can now open in resorts as long as the facilities include entertainment venues, an international conference hall and a hotel. Operators themselves are subject to very strict screening, and the entire process of legalising land-based casino gambling in Japan is expected to be.
- Gambling is illegal in South Korea, apart from in designated places such as casinos catering mostly to tourists. Gambling is also a violation of the code of conduct for monks of the Jogye order.
KBO Tidbit: If you are a (recent) fan of Korean professional baseball, I recommend you check out Game 7 of the 1999 playoff series between the Samsung Lions and the Lotte Giants. It’s arguably the most memorable game ever. “Tonight, we win no matter what,” ordered Park Jung-tae to his teammates during the game. He was the Lotte Giants team captain. For me, the most memorable games (in all sports) take place when neither side can imagine losing. And play like there’s no tomorrow.
Not all form of “overseas gambling” is a crime (for Koreans). For instance, playing slots for fun while vacationing in Nevada is okay. There are casinos here in Korea too, but almost all are exclusively for non-Koreans. There is only one for both Koreans and non-Koreans: The Gangwon Land Casino. In there, the Criminal Act is preempted by another law, so even Koreans are able to participate. FYI, the Paradise Walkerhill Casino (Seoul) is for non-Koreans only. (The one in Incheon closed down recently. It was the first ever casino in Korea!) To be clear, gambling (not for “mere pastime”) outside a casino is a crime even for non-Koreans within Korea. So please gamble in its place. Or not at all.
Illegal/private sports betting in Korea is punished under a separate law which outlines harsher criminal punishment. The name of the law is the National Sports Promotion Act (국민체육진흥법). To read a nice post (in Korean) about the consequences of illegal sports betting, click here.
DID YOU KNOW?Simply selling coffee where you know illegal gambling to take place constitutes the crime of aiding and abetting.
For fun, below is a spam message I received recently. I get these from time to time. They say such gambling-type messages are the most frequently received spam messages in Korea. 2nd is regarding loans.
Thanks for reading!
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Gambling is without doubt one of the most popular pastimes on the planet. However with its potentially addictive nature and the social consequences that this may entail it has been deemed illegal in many countries around the world. As in most of Asia gambling in South Korea is, in principle, illegal. It states in the Criminal Act, Article 246 that anyone who gambles or bets for the purpose of gaining property shall be punished by a fine of up to 5 million Won. Article 247 prohibits the opening of a place for the use of gambling for a profit and sets a punishment of imprisonment for no more than 3 years or a fine of up to 20 million Won.
This law is not a blanket exclusion of gambling and, in Korea you, you can still gamble under restricted circumstances – an example being for the promotion of tourism. There has also been laws enacted allowing gambling in certain circumstances.
For example:
- Casinos
The laws vary for foreigners and Korean citizens. As it stands at the moment the Special Act on the Assistance to the Development of Abandoned Mine Areas allows the running of the only land based casino in Korea that Korean citizens may enter. It is located in Gangwon province, in an abandoned mining district, the remote countryside helping to further restrict access for Koreans.
For non-Korean citizens the Tourism Promotion Act offers permission for hotels to operate casinos that only foreign nationals are allowed to enter. Such casinos are currently running in Seoul, Incheon, Jeju Island and are heavily supervised by the Ministry of Culture and Tourism.
- Lotteries
There are 2 lotteries open to Korean citizens the Lotto and the Toto ( a sports lottery). The operation of and selling of tickets are regulated under the Lottery Fund Act.
- Racing
Horse racing and betting at the venues is permitted under the Korean Horse Affairs Association Act and comes under the jurisdiction of the Ministry of Agriculture and Forestry.
Other race sports are also legal and regulated, these include cycling and motor boat racing although these both come under the jurisdiction of the Ministry of Culture and Tourism.
- Online Gambling
Why Is Gambling Illegal In South Korea China
This is currently a gray area as Korea does not have relevant laws for the specifics of online gambling. Arguments can be made for both sides – for example, the monetary transactions will be taking place outside of Korean jurisdiction so can in no way be subject to Korean law, hence it is very unlikely that your money will be seized by anyone. However the end user is still in Korea so may well be subject to the national laws that apply to general gambling. The National Police Agency has established the Criminal Activity Investigation Team to help control any potentially unlawful online activities, including gambling. This certainly implies that it would be ‘considered’ illegal; although at present no cases have been brought to test this.
- Slot machines
Why Is Gambling Illegal In South Korea Embassy
These are all illegal outside of a casino.
Why Is Gambling Illegal In South Korea Now
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Source by David Whitmarsh