확률형 아이템 공개오류와 손해배상* - 서울남부지방법원 2023. 2. 28. 선고 2018가단234942 판결 -

Abstract

This paper analyzes recent case concerning the issue of damages related to probabilistic items in mobile games. Here, it particularly addresses the individual responsibilities related to errors or manipulations in probabilities, and errors concerning the types of probabilistic items. A noteworthy aspect is the recent amendment to the Game Industry Promotion Act. According to the revised law, new provisions have been established regarding the definition of probabilistic items and the duty of indications. The case is significant in that it allows for predictions on how responsibility issues between parties concerning probabilistic items will be adjudicated following the legal amendment. The revised Game Industry Promotion Act, in its Article 33, Paragraph 2, states: “A person who produces, distributes, or provides game products for the purpose of distribution or use thereof shall indicate the type of probabilistic items used in the relevant game products, information on the probability of supply by type of items, and other matters prescribed by Presidential Decree, for each of the relevant game products, their websites, and advertising and promotional materials”. If a game provider violates this obligation, they are liable for damages due to torts or non-performance of obligations under Civil Act, and the burden of proof for the amount of damage generally falls on the plaintiff. This is because the revised Game Industry Promotion Act does not specifically regulate liability for damages. However, in most cases, proving the amount of damage resulting from a violation of obligations related to probabilistic items is difficult. Therefore, under Article 202-2 of the Civil Procedure Act, the court may recognize a specific amount of damage.