[IssueLaw] ‘Holiday Favorite’ Card Games, Go-Stop... Where Does It Become ‘Gambling’?

[Asia Economy PD Yoon Jin-geun] As the Lunar New Year holiday approaches, is the Hwatu card game, commonly enjoyed when family and relatives gather, considered a gambling offense?

In the ‘Lee Park Choi Legal Center’ released on the Asia Economy YouTube channel, attorney Choi Eun-young appeared to discuss the boundary between gambling and entertainment.

Attorney Choi first explained how the gambling offense is defined. The legal basis for punishing gambling is found in Article 246 of the Criminal Act. According to this law and various precedents, gambling refers to “two or more persons wagering property against each other and determining the gain or loss of property by chance.”

How does the court distinguish between gambling and entertainment? Attorney Choi cited the first criteria as ▲gambling time ▲location ▲and the approximate value of the property wagered. The second criteria include ▲the relationship between the parties involved in gambling ▲their social status ▲and their wealth. She further explained that the court also considers ▲the circumstances of the gambling ▲and the purpose of the gains obtained from gambling.

Attorney Choi advised, “Having fun during the holidays is good,” but also cautioned, “Since gambling behavior can be addictive, it is better to be cautious.”