행정입법에 있어서의 법치행정의 원리- 게임법시행령 별표2의 개정 및 시행을 중심으로 -

Abstract

In this paper, I tried to study the legislative history on the controversial issues in relation to the "web-board"game. The legislative procedural issues and the controversial regulations needs to be investigated in sequentialanalysis and review with the view of content validity and formal legitimacy. The second annexed list of the enforcement decree of the GAME INDUSTRY PROMOTION ACT is basedon the article 28 (Matters to be Observed by Game Products related Business Operators) and its main fround isthe item 8 "He/she shall observe matters prescribed by Presidential Decree as other matters necessary formaintaining business order." These provisions have many legal problems with the "Rule of Law" principle("Vorbehalt des Gesetzes" in german), Overbreadth doctrine, Void for vagueness and the The Less RestrictiveAlternative(LRA) doctrine etc. The regulation on the "web-board" game industry seems to be very severe and rigorous, because the balancingbetween the public interest and private one is not considered and corresponded well. It caused many harmfuleffects on the game industry, game business operator and its users. However, the purpose of legislation might notbe achieved due to the weakness of the regulation so that the policy failure may bring about the loss of trust inthe governmental regulation. The regulation on the game industry and ICT system needs to be authenticated as ameasure to promote the business and rationalized to protect the game users.