Earticle

초록

영어

Currently, Game Rating Board is regulating online web board games for the purpose of eradicating the speculation of the games through prohibition on direct charge system of the game and now is trying to even ban the indirect charge method. However not only the direct charge system but also the indirect charge system is a legal business model under the Promotion Act on Game Industry. There are 3 reasons: First, the web board game is essentially different from gambling. In order for the activity in question to be considered as gambling, it should meet all of the three requirements which are consideration, chance and prize. However, the game doesn't give prizes so that excludes it from gambling. Second, the deliberation about the prohibition on direct charge system of the game deviates from the limits of delegated legislation. Since the web board games do not fall under the purview of the concept of gambling, the deliberation is a subordinate to the Promotion Act on Game Industry, the deliberation itself may be in violation of the delegation range if the web board games are judged as operating illegally. Lastly, the prohibitions on the business model of the web board games transcend the constitutional limits of the regulations of games involving gambling and in the long run fringe constitutional rights. The essential cause of the problem surrounding online games is attributed to exchanging real money into game money outside the system of the game, not in the online web board game itself. Hence, impetuous regulation on indirect charge system of the web board games will substantially shrink the national online game industry, making other competitors from other nations enjoy the benefits.

목차

ABSTRACT
 1. 서론
 2. 비즈니스 모델로서의직접충전/간접충전의 의미
 3. 직접충전금지/간접충전허용 논의의 시작
  3.1 온라인게임 심의제도
  3.2 직접충전금지 규정
  3.3 간접충전허용의 의미
 4. 게임법의 제개정 및 직접충전금지 의미의 변천
  4.1 게임법의 제정
  4.2 게임법의 개정과 사행성게임물 정의의 도입
  4.3 게임법상 사행성게임물 정의의 도입의 의미
  4.4 이용불가제도와 등급거부제도의 차이
  4.5 직접충전금지 의미의 변천
 5. 직접충전금지에 대한 선입견의 제도화
  5.1 편견의 제도화와 제도의 물신화
  5.2 직접충전금지 논의의 변질
  5.3 위임입법한계를 일탈한 게임의 심의규정
 6. 직접충전 금지 논의의 오류
  6.1 한국의 사행성 규제 체계와 부조화
  6.2 부조화의 논증
 7. 결론 : 게임법상 허용되는 비즈니스모델
 8. 보론 : 간접충전을 금지하는 것이 대안인가?
 감사의 글
 참고문헌

키워드

저자

• 문기탁 [ Ki Tak Mun | 성신여자대학교 법과대학 교수 ] Corresponding author

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  컴퓨터게임및콘텐츠논문지(구 한국컴퓨터게임학회논문지) [Journal of Computer Games and Contents]

• 간기

  월간

• pISSN

  3091-7409

• eISSN

  3092-3638

• 수록기간

  2002~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 691 DDC 793