법령의 해석과 위임입법의 한계-게임법령을 중심으로-

Abstract

The Enforcement decree of the Action on the Promotion of Game Industry was amended in November 20,2013 and Currently being implemented. One of the Important contents of this Act is about compliance items ofgame providers. And it is mainly on web-board games and betting regulatory issue. Specific details are as follows: No one can use more than 300,000 won per month for the web-board game which is similar to a real poker gameor a real 'gostop' game. Betting limits at once may not exceed 30,000 won. And "Game Shutdown for adults". Especially, the various possibilities for interpretation of the Enforcement decree of the Action on thePromotion of Game Industry is to be implied because of using the ambiguous expression all over. Essentiallythese controversys stem from the difference of view about game and game industry. What is the differencebetween games and gambling? At least in Korea, it would be difficult indeed and at the same time it will beimportant question. In the following, it may be necessary that an analysis of relation with the interpretation of game-relatedlegislation and the limits of delegated legislation, and the constitutional standards - the principle of apparentness(definitude), the principle banning excessive enforcement when restricting the basic rights of people.