Is certainly Gambling in South Korea Illegal?

Gambling is without doubt just about the most popular pastimes on the planet. However with its potentially addictive characteristics and the social consequences that this may entail it’s been deemed illegal in many countries around the globe. As in most of Asia gambling in South Korea is, in principle, illegal. It states in the Criminal Act, Post 246 that anyone who gambles or bets for the purpose of gaining property will be punished by a fine as high as 5 million Won. Article 247 prohibits the opening of a place for the use of gambling for a profit and models a punishment of imprisonment for no more than 3 years or a fine as high as 20 million Won.

This law is not a blanket exclusion of gambling and, in Korea you, you can still gamble under restricted instances – an example being for the advertising of tourism. There has been laws enacted allowing gambling using circumstances.
For example:
a. Casinos
The laws change for foreigners and Korean citizens. As it stands right now the Special Action on the Assistance to the Expansion of Abandoned Mine Parts allows the running of the only land based gambling house in Korea that Korean residents may enter. It is located in Gangwon province, in an abandoned mining district, the remote countryside helping to further restrict entry for Koreans.
For non-Korean residents the Tourism Promotion Action offers permission for hotels to use casinos that only foreign nationals are permitted to enter. Such casinos are currently running in Seoul, Incheon, Jeju Island and are heavily supervised by the Ministry of Way of life and Tourism.
b. Lotteries
There are 2 lotteries available to Korean residents the Lotto and the Toto ( a sports lottery). The operation of and advertising of tickets are regulated beneath the Lottery Fund Act.
c. Racing
Horse racing and gambling at the venues is certainly permitted under the Korean Horse Affairs Association Act and comes beneath the jurisdiction of the Ministry of Agriculture and Forestry.
Other race sports may also be legal and regulated, included in these are cycling and motor boat racing although these both appear under the jurisdiction of the Ministry of Lifestyle and Tourism.
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d. Online Gambling
This is currently a gray region as Korea doesn’t have relevant laws and regulations for the specifics of online gambling. Arguments can be designed for both sides – for instance, the monetary transactions will undoubtedly be taking place beyond Korean jurisdiction so can in no way be subject to Korean law, hence it is very unlikely that your money will undoubtedly be seized by anyone. Nevertheless the end user is still in Korea so may well be subject to the national laws that connect with general gambling. The National Law enforcement Agency has established the Criminal Activity Investigation Team to greatly help control any potentially unlawful online activities, including gambling. This definitely implies that it will be ‘considered’ illegal; although at the moment no cases have been taken to test this.