온라인 웹보드게임의 사행성 규제의 헌법적 한계 - 도박과 게임의 개념본질적 구분을 중심으로 -

초록

Recently, in the Korean society, the regulation issue of gambling style online weboard game such as poker game is becoming a burning issue. In this context, this study is going to cast one question. “What is the difference between gambling and game?” This question is actually the starting point of this study. From this question, this study aims to suggest the constitutional limits of the regulations of gambling style online weboard game, and to analyze the legal problems of the regulations of gambling style online weboard game. The conclusions of this study are as follows. First, Typically, the concept of gambling is composed of three elements: consideration, chance, and prize. If any one of these three elements is missing, the activity in question is not gambling. Second, the problems which is occurring around gambling style online weboard game are inherently originated not from the gambling style online weboard game itself, but from the utilization of the game like gambling. So the regulations to solve the problems should be focussed not on the content or operation method of gambling style online weboard game, but on the utilization of the game like gambling outside the system of the game. Third, but the current regulations or policies around gambling style online weboard game is focussing on the content or operation method of gambling style online weboard game, so the regulations or policies transcend the constitutional limits of the regulations of gambling style online weboard game, eventually violate the constitution.

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