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TITLE [08_21_14]The Supreme Court decision 2010Da92438
ATTACHMENT [08_21_14]The Supreme Court decision 2010Da92438.docx

On August 21, 2014, the Supreme Court of Korea sitting en banc (Presiding Justice: Chief Justice Yang Sung-tae, Justice in charge: Justice Kim So-young) delivered a decision over Damages(Ki) case (2010Da92438), holding that Although a casino operator is subject to comprehensive business restrictions for public welfare when operating a casino, a casino operator has no duty to put a casino user’s interests before his or her own interests, or to protect a casino user not to suffer excessive property losses due to gambling at the casino under the principle of ‘self-responsibility’ unless related Act provides a clear ground. However, under the circumstance where a casino user was addicted to gambling and the casino operator was either aware or was able to aware of this, on the request of the user or the user’s family in accordance with procedures provided by provisions or the casino operator in order to protect the casino user, if the casino operator did not take measures following the request and proceeded to operate the casino even violating provisions of business restriction, so it reached to the extent to be unacceptable in terms of social norms for the user’s loss to be vested in the business profit of the casino operator, the casino operator’s liability for damages may be exceptionally acknowledged on the ground of violation of a duty to protect a casino user.”

 

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