Nexon Korea, which was fined 11.6 billion won by the Fair Trade Commission (FTC) for not disclosing the probabilities of loot box items sold in online PC games such as 'MapleStory,' has filed a lawsuit seeking to cancel the penalty.
According to the legal community, Nexon filed a lawsuit last month against the FTC, requesting the cancellation of corrective orders and other dispositions. The case is being heard by the Seoul High Court Administrative Division 6-3 (Presiding Judge Baek Seung-yeop, Judges Hwang Ui-dong, Wi Gwang-ha), and the first hearing date has not yet been set.
In January, the FTC imposed a fine of 11.642 billion won on Nexon, the largest ever under the Electronic Commerce Act.
The FTC's investigation revealed that from September 2019 to March 2021, Nexon lowered the appearance rates of popular items (or options) in loot box items sold in the online PC games 'MapleStory' and 'Bubble Fighter' to the disadvantage of users without properly informing them.
The FTC stated, "The most important product information in loot box items is the probability, but due to the intangible nature of digital goods, consumers cannot know this information if sellers do not disclose it or provide false information. Nexon's actions omitted or falsely informed consumers of important information that affects their purchasing decisions."
Immediately after the FTC's decision, Nexon said, "We humbly accept the FTC's decision, but it is unfair retroactive application to penalize actions before the obligation to disclose loot box probabilities was established," leaving open the possibility of administrative litigation.
In this lawsuit as well, Nexon is making similar claims. Nexon stated, "The FTC's decision concerns actions before 2016, when there was no obligation to disclose information about loot box items."
Representing Nexon in the lawsuit against the FTC are attorneys Yoon In-sung, Eun Hyun-ho, Park Chan-ik, Lee Hye-mi, Lee Chang-eun, Na Su-ji, and Kim Seo-yeon from Kim & Chang Law Office.
Meanwhile, 508 MapleStory users filed a lawsuit on the 19th of last month against Nexon Korea at the Suwon District Court Seongnam Branch, seeking damages and refunds. Although they have not yet filed lawsuits, it is reported that about 1,000 users, including plaintiffs from the existing lawsuit, have expressed their intention to participate.
Currently, the Supreme Court is reviewing a refund lawsuit filed in 2021 by a MapleStory user who claimed that "Nexon falsely disclosed cube probabilities and caused damages," seeking a refund of 11 million won spent on the game.
Han Su-hyun, Reporter for Legal Times
※This article is based on content supplied by Law Times.
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