인터넷게임 이용을 위한 청소년의 회원가입시 부모의 필요적 사전동의제도의 헌법적 문제점

초록

This government and some statesman are preparing and promoting legislative regulatory measures for limiting minor's playing Internet game to solve the problem of Internet game addiction. One of those legislative regulatory measures is mandatory requirement of parents' prior consent at minor's subscription to Internet game site for playing Internet game(hereinafter 'mandatory requirement of parents' prior consent'). In other words, this regulatory measure requires Internet game site operators to acquire parents' prior consent when minor subscribes to Internet game site for playing Internet game. If Internet game site operator violates this regulation, then punitive sanction shall be imposed. This study analyzes mandatory requirement of parents' prior consent from a constitutional point of view. I think that mandatory requirement of parents' prior consent is unconstitutional as follows. Firstly, the definition of Internet game site operators is so vague and the scope of Internet game site operators extremely over-broad. So mandatory requirement of parents' prior consent is unconstitutional because it is void for vagueness. Secondly, If mandatory requirement of parents' prior consent presupposes special provisions, for example provision presuming only certain ways of consent specialized by Act as lawful parents' prior consent or provision presuming not cancellation presupposed by incapacity system in Civil Act but voidness in case of violation of mandatory requirement of parents' prior consent, the requirement violates principle of private autonomy and infringes upon freedom of contract. In case of violation of mandatory requirement of parents' prior consent, the imposition of punitive sanction is the same. Thirdly, mandatory requirement of parents' prior consent infringes upon minor's right to self-determination, because it doesn't acknowledge particularity and diversity of individual minor, and doesn't consider possibility of minor's self-determination and minor's personal autonomy.

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