온라인게임을 중심으로 한 「게임산업진흥에 관한 법률」의 형사정책적 평가 및 제언

Abstract

Considering economic and cultural values that the game industry has, national support for the promotion on the game industry is essential. However, as the adverse effects, related crimes like suicide and homicides occurred and social problems such as game addiction, item cash transaction, were caused. Therefore, with national support for the promotion on the game industry, regulatory measures to prevent the occurrence of crimes and the adverse effects of games also should not be ignored. Because of this, in 2006, the government enacted 「The game industry development and promotion act」 which involved two aspects: the advancement and restrictions of the game industry. This paper intends to review, especially regarding to the online games, whether there are fundamental flaws and improvements in regulatory aspects. As the results of the analysis of the causes that led to the occurrence of problems like crimes according to two theories of cause of crime, the sociology of crime and the psychology of crime, problems with online games revealed to arise in a non compos mentis state, effects of learning and the process of dealing with anomic situation. Thus, 「The game industry development and promotion act」 should include provisions that are able to remove that causes. Furthermore, considering that side effects appeared in online games are prior steps forward to crime, prior regulations are increasingly demanded because the precautionary approach should be more emphasis in reference to online games. This paper examines and evaluates whether related provisions are specified aimed at eliminating that causes appeared from online games, after ascertaining that there are provisions following the basic model of crime prevention. Consequently, it is founded that some provisions need to be reformed.