Two owners of a poker pub operating near a school have received different legal rulings, sparking controversy. Despite sharing the same location, franchise, and charges, one owner was acquitted while the other was fined 2 million won.
This discrepancy arises from conflicting judicial interpretations of a Ministry of Gender Equality and Family notice that prohibits minors from entering and being employed at poker pubs.
One court deemed the notice invalid, ruling that the pub owner could not be punished, while another court upheld the notice and imposed a fine on the owner.
According to Yonhap News, Judge Lee Jong-woo of the Seoul Central District Court acquitted Park, who has been operating a franchise poker pub since April 2024, located 155 meters from a university campus in Gangnam, Seoul, on charges of violating the Education Environment Protection Act.
A poker pub is an establishment where patrons can drink and play card games. In May 2024, the Ministry of Gender Equality and Family designated poker pubs as establishments prohibited from allowing minors to enter or be employed.
As a result, poker pubs fall under the category of businesses restricted from operating near schools according to the Education Environment Protection Act. This law stipulates that operating prohibited facilities in protected areas can lead to imprisonment for up to two years or fines of up to 20 million won.
However, the court found that the notice exceeded the scope of the Youth Protection Act, which allows the Ministry to designate businesses harmful to minors, such as those dealing with harmful media or substances, as prohibited for youth access and employment.
The court ruled that since poker pubs do not fall under this category, the Ministry's designation of them as prohibited establishments was invalid, stating, "One cannot be punished for violating this notice."
In contrast, Judge Jo Young-min of the same court sentenced Kwon, another franchise poker pub owner, to a fine of 2 million won on September 8. Kwon had been operating his pub since March 2025, located 173 meters from an elementary school in Gangnam, Seoul, facing similar charges.
The court that fined Kwon noted that the Youth Protection Act refers to businesses dealing with harmful media and substances, indicating that the scope of regulation is not limited to specific industries but can include other harmful businesses to minors.
The court stated, "The scope of establishments prohibited from allowing minors to enter or be employed can vary based on business practices and social and cultural realities," adding that it is clear that establishments like poker pubs, which may encourage gambling and risk-taking behavior, are detrimental to the healthy development of minors.
The court also considered that Kwon began operations after the notice was implemented.
Both cases have been appealed by the prosecution and the defendants, and they will undergo appellate review. Kim Hyun-joong, an attorney representing both cases, stated, "We will argue in the appellate court that the notice exceeds the legal delegation of authority."
A representative from the Ministry of Gender Equality and Family remarked, "In similar cases, the legality of the notice has been upheld in most instances," emphasizing the need to protect minors from gambling activities and indicating that they will monitor the higher court's decision.
Meanwhile, concerns have been raised that this ruling may create confusion regarding the enforcement basis for local governments.
* This article has been translated by AI.
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