아이템 거래 관련 중국의 상황 및 몇 가지 법적 쟁점

Abstract

With expansion of the Internet population and multimedia contents, online space became important part of our lives, providing many advantageous prospects such as the increase of relationships and communications. Especially game is one of the representative entertainment receiving the most attention, and discussion about issues related to game contents are actively spread out lately. Even though continuous development of the game industry has many proper functions, such as providing teenagers stress solution and healthy way to spend leisure, the item, used in game society, is becoming goods with an economical exchange value, and generates various adverse effects, like speculative deals or fraud. Recently, Chinese game industry had rapidly developed with vast increase of the Internet user, and this circumstance lead to increase of conflicts from ownership and deal of virtual items in online game. Also, social problems are occurring, making profits by exchanging game money through immense workplace in overseas such as China. Especially, in the case of BOT detection program, it impedes healthy use of game and normal works in game, and also through BOT detection program, people takes items and game money without investing time nor efforts, or receiving unfair profits by illegal deals. With worldwide development of game industry, the responsibility of game service is becoming strict. On this, in Korea, government is trying to protect rights and interest of game users and companies through “Act on the Promotion of Game Industry”, “Act on the Regulation of Adhesion Contracts”, however problems due to BOT detection program and receiving unfair profits from illegal deals are still continuing. China also has continuous problems from item exchanges or BOT detection program, but confrontational structure is not ready. For now, it is ambiguous to define rights of intangible assets, the game item, as from the viewpoint and the direction to regulate with law. It is required to manage the law about item exchanges and BOT detection program, by mainly about occurrence of victims from unfair item profits and prevalence of BOT detection program, which break the balance among the online game society. In this research, it will discuss the present condition of Chinese online game, item deals, examples and types of BOT detection program, and will introduce “Virtual(Item) Property Protection Act”, which was brought out from generalization of item exchange and occurrence of damage from individual deals. However, legislation of “Virtual(Item) Property Protection Act“ is stopped with draft without being practiced. Therefore, the rights of item owners are still very weak, and other related laws are yet completed.