ICT 분야에서의 자율규제 ― 인터넷 포털과 게임 분야를 중심으로 ―

초록

In Korea, self-regulation is currently being applied to the ICT (Information & Communication Technology) field, especially the Internet portal and game field. To be honest, it is safe to say that a ‘self-regulation experiment’ is taking place. This is because the current self-regulation is always exposed to the risk of being ‘forcibly converted’ to government regulation or legal regulation. However, various controversies are taking place over self-regulation applied to the ICT field, particularly the Internet portal and game fields. Criticism of self-regulation applied to Internet portal and game fields reveals a negative view that “Self-regulation is unreliable and less effective than government regulation or legal regulation.” Even legislative attempts to force the transition into legal regulations have already been made or are in the process of being implemented. This article first examines the concept of regulation, the meaning and type of self-regulation, the relationship between self-regulation and legal regulation, and the constitutional basis of self-regulation. In addition, the necessity of self-regulation in the field of Internet portal and game among ICT fields is being investigated. Lastly, the current status of self-regulation in the field of Internet portal and game is analyzed. Today's Korea is preparing to enter a new era such as the 4th industrial revolution era, the new normal era, and the new green era. In order to face this new era, a paradigm shift is now required, and in particular, the government must have principles and a philosophy for regulation. Government regulation or legal regulation in Korea has a very strong tendency to spontaneously solve problems in response to issues without principles and philosophy. In addition, ‘path dependence’ in regulation is very strong. Now, in particular, government regulators must recognize self-regulation as one of the regulations. Self-regulation is a complement to, not a substitute for, government or legal regulation. It is very unrealistic and anachronistic to ignore the existence and significance of self-regulation in the field of Internet portal and game in the new era. It is necessary to change the notion, perception, and thinking about self-regulation.

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