Head lawyer of law firm Gukminseanggak and Consumerwide law advisor, Kyoungho Yun says, "It's considered to be speculative acts if they don't get 100 won back to loser customers for a 100 won deal"

'Interpark' was suspected of having business upon speculative acts by not giving back 100 won for '100 won deal' losers. Head lawyer of law firm Gukminseanggak and Consumerwide law advisor, Kyoungho Yun sees this to be a speculative act.

[Consumerwide_ HueSoung, Jun Reporter / Yohan, Bok Reporter] 'Interpark' was suspected of having business upon speculative acts by not giving back 100 won for '100 won deal' losers. Head lawyer of law firm Gukminseanggak and Consumerwide law advisor, Kyoungho Yun sees this to be a speculative act.

Recently, an anonymous reader participated in the Interpark 100 won deal (Ssan deal). It was a deal that the winner gets a Samsung desktop (Samsung electronics). He paid 100 won to participate. After that, he confirmed the purchase and participated in writing reviews. First winner gets a Samsung desktop, and 2nd winner (30people) gets a Starbucks Americano gift-icon. However, it was strange that the loser didn't get 100 won back. For this reason, the anonymous reader informed us, Consumerwide.​

First winner gets a Samsung desktop, and 2nd winner (30people) gets a Starbucks Americano gift-icon. However, it was strange that the loser didn't get 100 won back.

In general, paying 100 won is a condition of deciding participants in a 100 won deal. But, there is no such a case as not refunding 100 won to losers, whether points (possible to use immediately) or cash. (11st: point refund, gmarket: cash refund) Shoppingmalls do so because of the national policy on speculative acts. Regardless of all these facts, Interpark doesn't refund 100 won for losers.

A Gmarket related person said in an interview with Consumerwide, "It could go against the law on speculative acts if we don't get 100 won back to loser customers. So, we refund 100 won."

Head lawyer of law firm Gukminseanggak and Consumerwide law advisor, Kyoungho Yun perceives it to be a speculative act considering them not refunding 100won to  loser customers in 100 won deal.

Kyoungho Yun, the lawyer, said, "Considering the Interpark 100 won deal, Interpark is benefiting a few winners through financial loss of losers. It is similar to gambling in terms of structure. Hence, I suspect that leaves a room for speculative acts.

Regarding this issue, an Interpark-related person said in the interview with Consumerwide, "It costs 100 won in order to participate in the Interpark 100 won deal. But we are providing a discount coupon worth between 30,000 won to 70,000 won​ if event participants were purchasing the event product. Based on these facts, we are benefiting customers more than the value of 100 won. Details were announced to customers (participants) when they were signing up for the event. We've been reporting to the national gambling control commission(NGCC). Our 100 won deal has not been accused of speculative acts. So we don't have legal issues."

However, an additional discount coupon worth 30,000~70,000 won has not benefited the informer. There has not been any announcement other than the 1st and 2nd winner's price (computer and Starbucks Americano coupon). The loser customer has no reward at all. Somehow, there are many gaps in Interpark answers.

Besides that, an additional discount coupon worth 30,000~70,000 won is a matter in itself. It is not unconditional, but you've to purchase over a certain amount in order to get the benefit. For this reason, it is hard to be worth more than 100 won. Shopping malls might count those points as debt in financial statements, since points are semi-cash assets. But they won't count giveaway coupons as debt.

As well, when we look at the NGCC homepage, it is certain that they are not commission of judges on "speculative acts". NGCC does not support any judging process. Hence, if Interpark argues as above, it is necessary to check the report which Interpark submitted to NGCC, and the response of NGCC, in order to be sure of the intention of Interpark regarding this matter.

kyoungho Yun, the lawyer, said, "If what Interpark argues works, all businesses will have permission to give away promotional coupons to loser-customers while winners get gifts in the event like a 100 won deal (or 1000 won deal). This is not a matter of amount of money, but principle. If you reward one person with the money collected and other participants lose money worth 100 won, it is a speculative act. If NGCC judges it has no problem, then we request disclosure.

 

 

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