Is a Game of Go-Stop Over Lunar New Year Considered Gambling? Could You Face a Fine?

Criminal Act Article 246: Fine of up to 10 million won for gambling
The line between gambling and temporary amusement remains unclear

When siblings or relatives gather for the Lunar New Year holidays and someone takes out a Hwatu deck to play Go-Stop, even a game that starts out as a casual pastime with some drinks or holiday food can, if it goes too far, potentially constitute illegal gambling.

Yonhap News reported on the 15th that Article 246 of the Criminal Act stipulates that anyone who gambles may be punished by a fine of up to 10 million won. Although it makes an exception for cases that amount only to temporary amusement, the line between gambling and temporary amusement is not clearly defined.

When determining whether an act constitutes gambling, the court comprehensively considers factors such as the place and time, the gambler's occupation and financial status, the size of the stakes, and the circumstances at the time.

(This photo is not directly related to the article.) Getty Images Bank

Case law has also produced differing judgments. At about 8:30 p.m. on April 13, 2023, Person A played Go-Stop for about 15 minutes with three neighbors at an apartment in Gunsan, North Jeolla Province, betting 100 won per point. The total amount of money at stake at the time was 108,400 won. Although A and the others were brought to trial on gambling charges, the court ruled that their conduct did not constitute gambling.

The court at the time stated, "It appears that the group of defendants played Go-Stop on the understanding that the winner would buy beer and fried chicken," and added, "Considering that the place was not suitable for large-scale, regular gambling and that the duration of the game was relatively short, it can be regarded as nothing more than temporary amusement."

By contrast, Person B, who played Go-Stop for about one hour at a real estate office in Gapyeong County, Gyeonggi Province, at about 2:50 p.m. on March 19 last year with one acquaintance and three people met for the first time, was found guilty. At the time, B joined the game with 50,000 won.

(This photo is not directly related to the article.) Pixabay Pixabay

The court did not accept B's claim that he "played Go-Stop just for fun" and denied the charges. The panel pointed out, "The defendant was not in a particularly comfortable financial situation at the time, and the participants did not even know each other's names."

It then held, "Given the defendant's prior record of being fined for gambling in the past and the absence of any upper limit on the stakes, it is difficult to regard this as temporary amusement."

Playing Go-Stop with acquaintances does not necessarily guarantee that one will avoid punishment. At about 5:10 p.m. on December 19, 2019, Person C played three rounds of Go-Stop with three others at a dabang in Yeongdong County, North Chungcheong Province. Over roughly 10 minutes, a total of 11,600 won changed hands. However, taking into account the particular nature of the location and the surrounding circumstances, the court recognized the offense of gambling and imposed a fine of 500,000 won.