게임물 유통질서 보호와 사적 자치에 관한 연구 -「게임산업진흥법」 개정안을 중심으로 -

Abstract

Although games are growing rapidly and are a profitable industry for exports, they are still not free from regulations and prejudice. In addition, it is not only a problem that hinders youth's academic performance, but is also recognized as one of the four major addictions along with alcohol, gambling, and drugs. As for game products, with the revision of the Game Industry Act in 2016, a system for designating a self-rating business for game products was introduced, expanding the private sector's autonomous deliberation and securing autonomy in relation to the rating of game products. From the perspective of private autonomy, there is a difficulty in presenting clear standards for rating classification, and among them, the issue of speculative behavior often escalates into litigation due to the large gap in judgment between business operators and courts. However, this is best known by the game business operator who has chosen the method of expression. There is a need to increase the proportion of game industry workers in the Game Management Committee and ensure the expertise to make joint decisions with the Gambling Supervision and Management Committee. Of course, self-rating of game products is a risky decision as each business operator has different values, but from the perspective of private autonomy, it can be said to be a good system that can reflect many of the thoughts of game business operators. Nevertheless, the duty of rating classification, including modification of game content, is still managed by the Game Management Committee. In the end, not only can youth be harmed by incorrect rating classification, but it is also difficult to judge speculative behavior, which can ultimately undermine the distribution order of game products. Because this exists. In order to ensure business appropriateness, it is necessary to prevent excessive punishment for the production, distribution, and distribution of illegal programs, etc., without being sued by the game business operator, unless this is a business, and only domestic business operators are subject to excessive regulations compared to overseas business operators. There is a need for the state to balance the issue through active legislation. In addition, if an identity verification system is required for all-access games, youth who do not have such a means may be completely deprived of their cultural rights, so there is room for reconsideration. The deletion of the identity verification system from all-access games is a matter of private autonomy. This is because it not only protects youth, but is also technology-neutral and future-oriented.