Legal Insights

Kinding Game Law Review

In-depth analysis and commentary on the latest legal developments in the Chinese gaming industry from Kinding Law Firm.

Game Licensing ComplianceIllegal Business OperationCrime Criminal Risk
Case Study | [Case Dismissed by Police] Case of Illegal Business Operations Involving the Misuse of Game Version Numbers
4/1/2026
Recently, a criminal case involving alleged illegal business operations related to “license misuse” in the gaming industry reached a significant development. A local People’s Procuratorate in Zhejiang Province determined that key evidence was fundamentally flawed and requested the public security authority to withdraw the case. The prosecution had relied on an official appraisal identifying the game as an “illegal online publication” as its core evidence. However, the defense successfully challenged the legality and validity of the appraisal, leading to its dismissal and ultimately the withdrawal of the case. This case highlights key legal controversies surrounding criminal liability for operating games without proper licensing. From a legal perspective, the requirement for game publishing licenses is primarily based on administrative regulations rather than “state provisions” as defined under criminal law. Moreover, operating an unlicensed game, in the absence of illegal content, generally does not meet the threshold of “seriously disrupting market order.” The outcome reflects a cautious judicial approach to the application of the offense of illegal business operations and provides valuable guidance for gaming companies in managing licensing compliance and criminal risk.
Probability Disclosure ObligationLoot BoxGacha Mechanism
Hefty Fine! South Korea's NEXON Hit with 11.6 Billion Won Penalty for Probability Fraud
3/3/2026
On January 3, 2024, the Korea Fair Trade Commission (KFTC) imposed an administrative fine of KRW 11.642 billion on NEXON for manipulating item drop rates in MapleStory and Bubble Fighter, in violation of the Korean Electronic Commerce Act. This represents the largest penalty ever imposed under the Act and marks a landmark enforcement action in the gaming industry. The KFTC found that NEXON repeatedly altered the probabilities of paid random items—such as “Miracle Cubes” and “Black Cubes” in MapleStory—by lowering the chances of obtaining high-value items without notifying users, while publicly claiming that no changes had occurred. In Bubble Fighter, the company effectively reduced the probability of obtaining “Golden Number Cards” to zero under certain purchase conditions during the All Bingo event, yet failed to disclose this material information and continued to promote the items in a misleading manner. The regulator emphasized that such practices exacerbated information asymmetry between the operator and consumers, undermined users’ right to informed decision-making, and constituted deceptive commercial conduct. The case signals intensified regulatory scrutiny in South Korea regarding probability disclosure and transparency in digital monetization systems. It may also influence future amendments to the Game Industry Promotion Act. For game developers operating in or entering the Korean market, compliance with probability disclosure requirements and enhanced consumer transparency should be treated as a top-tier regulatory priority.