Conflicting rulings have been issued by the Seoul Central District Court regarding the legality of a Ministry of Gender Equality and Family notice that prohibits minors from entering and being employed at hold'em pubs, where card games like poker are played.

While one judge deemed the notice invalid and ruled that a hold'em pub owner operating near a school cannot be punished, another judge ruled that the notice is legitimate and sentenced an owner to a fine.

According to the legal community on October 14, Judge Lee Jong-woo of Criminal Division 22 at the Seoul Central District Court acquitted a franchise hold'em pub owner identified by the surname Park on October 1.

Park was indicted for violating the Education Environment Protection Act after operating a hold'em pub located 155 meters away from a university campus in Gangnam-gu, Seoul, starting in April 2024.

In May 2024, the Ministry of Gender Equality and Family designated hold'em pubs as establishments barred from youth access and employment through an official notice.

Consequently, hold'em pubs also fell under establishments restricted from operating near schools under the Education Environment Protection Act, making individuals subject to criminal punishment if they operate within a 200-meter straight-line distance from school boundaries.

However, the court determined that the notice exceeded the delegation scope of its parent statute, the Youth Protection Act.

The Youth Protection Act stipulates that businesses harmful to youths, such as those handling youth-harmful media or hazardous substances, can be designated as establishments prohibited for youth access and employment via a Ministry of Gender Equality and Family notice.

The court judged that even though hold'em pubs do not fall under this category, the Ministry of Gender Equality and Family's designation of them as youth-prohibited establishments through a notice was invalid.

It stated, "Individuals cannot be punished simply for violating this notice."


In contrast, Judge Cho Young-min of Criminal Division 2 of the Seoul Central District Court sentenced another franchise hold'em pub owner, identified by the surname Kwon, to a fine of 2 million won on September 8.

Kwon was also indicted on the same charges for operating a business starting in March 2025 at a location 173 meters in a straight line from an elementary school in Gangnam-gu, Seoul.

This means the same court delivered conflicting rulings about a month apart to two different owners sharing the same region, franchise, and charges.

The court that sentenced the owner to a fine focused on the fact that the Youth Protection Act used the expression "businesses, etc." rather than just "businesses" handling harmful media or hazardous substances as the target of regulation.

This indicates that the scope was left open so that other industries harmful to youths could also be regulated, rather than restricting regulations to only specific types of businesses.

The court stated, "The scope of youth-access and employment-prohibited establishments can vary depending on operational realities and socio-cultural circumstances," adding, "It is sufficiently clear that establishments like hold'em pubs, which risk fostering gambling and speculative impulses, are detrimental to the sound growth of youths."

The court also took into consideration the fact that Kwon started operations after the implementation of the notice.

Both cases have been appealed by the prosecutors and the defendants, respectively, meaning they will both be subject to appellate court judgments.

(Photo: Yonhap News)