1. Reasons for Amendment
Types of casino businesses are currently restricted to those specified in attached Table 8 in accordance with Article 26 (1) of the Tourism Promotion Act (hereinafter referred to as “the Act”) and Article 35 (1) of the Enforcement Rule of the same Act. The lack of legal grounds for verification and trial operation, etc. to introduce newly developed games reduces the flexibility of casino businesses, which undermines the competitiveness of the Korean casino industry.
Accordingly, this Amendment aims to promote the strengthening of the Korean casino industry by newly inserting provisions on trial operations to allow new games to be introduced as types of casino businesses after a certain period to verify such factors as the speculative nature of a game and the integrity of the mathematical probabilities.
In addition, to ensure the transparency of casino businesses, casino operators are obligated to install and operate computing facilities and undergo inspections of such facilities in accordance with Article 23 (1) of the Act and Articles 29 and 30 of the Enforcement Rule of the Act, and inspection agencies of casino computing facilities are required to be designated and announced by the Minister of Culture, Sports and Tourism in accordance with Article 23 (2) of the Act and Article 30 (1) of the Enforcement Rule of the Act.
However, although matters concerning the designation requirements, designation procedure, and revocation of the designation of casino machine inspection agencies pursuant to Article 25 of the Act and Article 33 of the Enforcement Rule of the Act are prescribed in Article 80 of the Act, Article 65 of the Enforcement Decree of the Act, and Articles 33-3 and 72-2 of the Enforcement Rule of the Act, there are no legal grounds for the designation requirements and designation procedure, etc. of casino computing facility inspection agencies.
Accordingly, this Amendment prescribes legal grounds regarding the designation requirements and designation procedure for casino computing facility inspection agencies, thereby aiming to ensure the fair designation of casino computing facility inspection agencies.
Furthermore, the wording in attached Tables 2, 7-2, 12, and 24 of the Enforcement Rule of the Act, which prescribe academic and other qualification requirements and the corresponding practical experience requirements for personnel are unclear as to the temporal order of the requirements.
In relation to the delegation and entrustment of authority regarding casino machine inspections, Articles 25 and 80 of the Act grants the Minister of Culture, Sports and Tourism the discretionary power on whether to designate casino machine inspection agencies, but the wording used in Article 33-2 (4) of the Enforcement Rule of the Act may be interpreted as meaning that the Minister of Culture, Sports and Tourism must grant the designation if the person who applied for the designation meets the designation requirements in attached Table 7-2.
Accordingly, this Amendment modifies wording to clarify the temporal order of academic or qualification requirements and practical experience requirements for personnel, and clearly prescribes the discretionary authority of the Minister of Culture, Sports and Tourism on whether to designate casino machine inspection agencies.
2. Major Provisions
A. Prescribe provisions on trial operations of new types of casino businesses (Article 35 (3) newly inserted, attached Form 15)
1) Types of casino businesses are currently restricted to those specified in attached Table 8 in accordance with Article 26 (1) of the Act and Article 35 (1) of the Enforcement Rule of the Act. The lack of legal grounds for verification and trial operation, etc. to introduce newly developed games reduces the flexibility of casino businesses, which undermines the competitiveness of the Korean casino industry.
2) Accordingly, this Amendment newly inserts provisions on trial operations to allow new games to be introduced as types of casino businesses after a certain period to verify such factors as the speculative nature of a game and the integrity of the mathematical probabilities.
B. Prescribe the designation procedure, etc. for casino computing facility inspection agencies (Article 30-3 newly inserted, attached Table 7-3, attached Form 27-2, and attached Form 27-3 newly inserted)
1) Unlike casino machine inspection agencies, for which the Ordinance of the Ministry of Culture, Sports and Tourism currently prescribes matters concerning the designation requirements and designation procedure, etc., there are no legal grounds on the designation requirements and designation procedure for casino computing facility inspection agencies.
2) The 2021 conformity assessment effectiveness review conducted by the Korean Agency for Technology and Standards of the Ministry of Trade, Industry and Energy in accordance with Article 22 of the Framework Act on National Standards and Article 15-4 of the Enforcement Decree of the same Act resulted in a request for cooperation to modify the system.
3) Accordingly, this Amendment newly inserts legal grounds regarding the designation requirements and designation procedure for casino computing facility inspection agencies.
C. Clarify the temporal order of academic or qualification requirements and practical experience requirements for personnel (attached Tables 2, 7-2, 12, and 24)
1) The current designation requirements for casino machine inspection agencies specify academic or qualification requirements and corresponding practical experience requirements for personnel, but the wording is unclear as to the temporal order of the academic or qualification requirements and practical experience requirements.
2) Accordingly, the Amendment clearly specifies whether the practical experience requirements for personnel include practical experience from before the acquisition of the degree or qualification, or only recognize practical experience gained after acquiring the degree or qualification.
D. Clarify the discretionary power of the Minister of Culture, Sports and Tourism regarding the designation of casino machine inspection agencies (Article 33-2 (4))
1) In relation to the delegation and entrustment of authority regarding casino machine inspections, Article 25 of the Act stipulates that “The Minister of Culture, Sports and Tourism may recognize the specifications and standards of casino machines that have passed a test conducted by an inspection institute designated by the Minister of Culture, Sports and Tourism as the officially approved standards, etc.” while Article 90 prescribes that the Minister may “delegate” such duties, thus granting the Minister of Culture, Sports and Tourism the discretionary power on whether to designate casino machine inspection agencies.
2) However, the current wording used in Article 33-2 (4) of the Enforcement Rule of the Act stipulates that “a casino machine inspection agency shall be designated if the designation requirements are met,” which may be interpreted as meaning that the Minister of Culture, Sports and Tourism must designate a casino machine inspection agency if the person who applied for the designation meets the designation requirements set forth in attached Table 7-2.
3) Accordingly, this Amendment modifies the wording to clarify that the Minister of Culture, Sports and Tourism has the discretionary power on whether to designate casino machine inspection agencies.
