디지털콘텐츠의 이용과 미성년자 보호에 관한 연구

Abstract

The purpose of this paper is to study the protection of minors for using digital contents. As diverse digital contents transaction type, there are many problems occurring with respect to minors. Problems related to minors‘consent of the legal representative’, ‘restriction of right of cancellation’ and ‘recognize the possibility of minors’ is. Related to Mobile game, damage caused by a minor settlement without the consent of the legal representative is the most serious problem. So, Duty of the operator should be made in more detail about why a minor need the consent of the legal representative and range of the legal representative consent. Second problems arise with respect to restriction of right of cancellation of a minor. Generally minor required the consent of the legal representative in order to use the Digital Contents. Legally revocation of Digital Contents is possible only within 7 days after purchase. However, if minor use the trick without the consent of the legal representative, minor don’t have right of cancellation by the Civil Code Article 17. The third problem is lack of recognize the possibility of minors. A minors is limited recognition compared to adults. But operators presenting the important information on the terms is set to a separate link or may be difficult to find. Therefore, a minor does not understand the difficult contents of the terms and can be damaged in the transaction. In the alternative to those problems should use the easy term in Terms to improve the recognition probability of the minor. It should also be available in simple to understand, such as in cartoon form. And minors are aware about their rights and obligations are needed as the parties to a transaction. This means that a minor will be sure to double-check the contents of the Terms was agreed (Offer optional answers). Finally, the operator if the child is receiving the consent of the legal representative should present a concrete platform for the confirmation and operators must do their duties. On the basis of the results of this research, it can be concluded that the protection of minors in the digital content transactions, will require a lot of effort.