Holiday Goseuteop with Family: Gambling or Not?

"Temporary entertainment" with family is usually acceptable,
but beware of gambling charges depending on place, time, and stakes

During the Lunar New Year, if you play Goseuteop with relatives you have not seen for a while, betting 100 won per point, does that count as gambling or not?

When families gather for the holiday, the familiar scene is everyone spreading out a dark green mat and playing Hwatu. It is not uncommon for people to start by betting 100 won per point just for fun, only to see the stakes grow as their competitive spirit heats up.

However, whether Goseuteop played with family during holidays is legally punishable depends on the circumstances. Getty Images

There is ongoing debate over whether Hwatu or card games played in a family circle should be regarded as gambling. Strictly speaking, if you bet money on Goseuteop played with family or relatives, it constitutes an act of "gambling," because gambling includes all acts of staking money or anything of value on an event whose outcome is uncertain.

However, whether Goseuteop enjoyed with family during traditional holidays is legally punishable can be interpreted differently depending on the circumstances. Under Article 246 of the Criminal Act, simple gambling is punishable by a fine of up to 10 million won, and habitual gambling is punishable by imprisonment for up to three years or a fine of up to 20 million won. That said, cases that amount to nothing more than "temporary entertainment" are treated as exceptions.

Then what is the standard for "temporary entertainment"? As a rule, the courts distinguish the crime of gambling from temporary entertainment based on factors such as the place and time of the gambling, the participants' occupations, the size of the stakes, how the gambling came about, and whether it is habitual. The prevailing interpretation is that if the stakes are not excessively high and the game is enjoyed purely for fun, the likelihood of being punished for the crime of gambling for Goseuteop played with family or relatives during the holidays is low. However, there are precedents where participants were punished for gambling even though they were family or relatives, in cases where they gathered at a specific place at an unusual hour (such as early morning) for the purpose of gambling.

Even for games such as "holiday Goseuteop" enjoyed with family, caution is needed regarding "gambling addiction." One must recognize and be wary of the fact that the thrilling experience of winning money can easily become the moment when it develops into gambling addiction.