게임중독 규제법리에 대한 비판적 고찰 : 보건복지부의 정신건강종합대책에 대한 헌법적 판단을 중심으로

초록

This study examines the statements related to game addiction within existing legislations and ‘Comprehensive Plan on Mental Health Promotion’ that was recently been promoted by Ministry of Health and Welfare, and analyze the contents of those measures under the scope of constitutional rights as a follow-up study. Also, this study aims to criticize the expansion of the regulation on game addiction as a part of government’s proactive administration regardless to the its controversy, and suggest an alternative for establishing a better policy. The results of this study have found out that the game addiction is an enemy without a substance, and that the tool designed against game addiction might have a problem. ‘Comprehensive Plan on Mental Health Promotion’ failed to clarify the “internet game” on the level of probable estimates under the Clarity Principle, and used the word “game addiction” without clearly defining it and its effect, thus it showed possibility of violating the Clarity Principle. Irrelevant to the Clarity Principle, the screening test for addiction appeared to be unsuitable method or has a problem that the effect cannot be predicted. In the case of the principle of the equality, the discriminations within the genre of game(such as arcade, console, package games), within the type of media contents(such as drama, movie, music, cartoon), and within the addictive materials(such as drug, alcohol, gambling) had the possibility of violation.

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