인터넷게임 관련 주요 규제 현황 및 개선방향

초록

As of 2018, major regulatory issues related to Internet game exist in three areas. First is the payment limit regulation of game users that are applicable to online game. Even though online game payment limit regulation is clearly a kind of regulation, it has a constitutional problem that it violates the principle of legal reservation in that it does not have an explicit legal ground on 「Game Industry Promotion Act」 or the classification standard of Game Rating & Administration Committee. Even if there is a legal basis or a legal basis is newly established, from the substantive point of view, there is a constitutional problem such as infringement of the freedom of the occupation of the game provider (freedom of operation), infringement of the choice or self-determination of the game consumer, violation of the principle of freedom of contract. Second is the regulation that is being applied to web-board games such as Go-stop and poker games. From the perspective of differentiation of regulatory measures and regulatory methods stemming from differences in the concept of game and gambling, differences in normative evaluation and regulatory principles for the game industry and the gambling industry, regulation of web-board games has the problem of adopting regulatory measures and regulatory methods that do not conform to the nature of things. Third is the regulation of probability item(random box or loot box) business model. Relating with this regulation issue, the legislation is currently pending in the National Assembly and it has not yet been legislated, but self-regulation of the game industry is being applied. Regarding the problem of probability item, it is necessary to apply self-regulation system in its nature, and furthermore, to design the system in the direction of strengthening self-regulation which is applied at present

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