게임법 제32조 제1항 제2호의 ‘등급을 받은 내용과 다른 내용의 게임물을 이용에 제공하는 행위’의 의미와 문제점

Abstract

Recently, Enforcement decree of the game industry promotion act was amended. The Added provision is the attched Table 2 (8) according to the article 28 of the Game Industry Promotion Act(GIPA). This amendment brought effect to shrink the online game industry especially in Web board game industry. Because this provision has the role in game rating system as the standard of speculative games, Gostop or Poker games would be actually regarded as illegal games. But it is not proper situation that game rating system for self-regulation is controled arbitrarily by Game Rating And Administraion Committee(GRAC) and the judiciary is subordinate to administrative agencies. The Article 32 (1) have the provision as “No one shall perform acts referred to in the following subparagraphs hindering the good distribution order of game products: 2. Providing game products for distribution use, the contents of which are different from the classification obtained pursuant to Article 21 (1), or displaying or keeping the same for such purposes”. The interpretaion of this article is unclear and make controvesial issues about the principle of “nulla poena sine lege”. The article 28 of GIPA can’t regulate game contents or game contents rating system but game business ‘conducts’, so it have not to be applied to game raing for limitaion of account, betting, auto-play, etc.. These are contents of game not illegal conducts. I think, the attched Table 2 (8) according to the article 28 of the Game Industry Promotion Act(GIPA) should not be regarded as supplement norm of article 32 of GIPA and the standard to game rating processing. If not, it would be violation of the constituion. Key Words: Game Industry Promotion Act(GIPA), Web Board Game, Self-Regulation, Game Rating System, Table 2 (8) according to the article 28 of the Game Industry Promotion Act(GIPA)