KIM&CHANG
Newsletter | December 2014, Issue 4
TECHNOLOGY, MEDIA & TELECOMMUNICATIONS
Easing off and Improving Shutdown System for Online Games
The Korean Government recently announced its plan to amend the Juvenile Protection Act (“JPA”) and the Game Industry Promotion Act (“GIPA”) for the purpose of easing off and improving the current “shutdown system” for online games.  Details of the respective plan to ease off and improve the shutdown system (the “Plan”) are as follows.
Easing off Compulsory Shutdown System
Based on the current shutdown system provided under JPA, an online game service provider must block the access of all children under the age of 16 to play online games during late hours (from 12:00 a.m. to 6:00 a.m.).  However, the Plan amends the current system so that the application of the shutdown system may be lifted upon the request of the child’s parent(s), and will be resumed upon child’s parent(s) subsequent request.
In addition, GIPA currently provides that an online game service provider who is found to have violated the compulsory shutdown system shall be held criminally liable either via imprisonment of no more than 2 years or via a fine not exceeding KRW 10 million.  The Plan introduces a “corrective order” phase before criminal prosecution of an online game service provider found to have violated the statute, whereby the online game service provider shall be given the opportunity to avoid criminal liability and to voluntarily correct the violation.
Improvement of Selective Shutdown System
The “selective” shutdown system, as one of the measures under GIPA to prevent excessive game absorption and addiction, blocks online game access of minors under the age of 18 even for time periods other than late hours upon the request of the minor’s parent(s) or the minor him/herself.  According to the Plan, the gist of such selective shutdown system will remain the same, but the system will now apply to minors under the age of 16 instead of 18 for consistency purpose.
Further, the Ministry of Gender Equality and Family and the Ministry of Culture, Sports and Tourism, the two central government authorities in charge of enforcing and overseeing JPA and GIPA regulations, plan to organize a consultative body to develop reasonable regulatory systems and review opinions and issues raised by game service providers.
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Dong Shik Choi
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Jung Un Lee
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