웹보드 게임에서의 1회 베팅한도 규제에 대한 검토
The Study on the Regulation of Betting at once in the Web-board Game
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초록
In recent years, the government is trying to regulate the web board games - poker, gostop etc. with the amendment of the executive order regarding the game law. The main regulation of this order is to regulate the maximum amount of betting the game as a ten thousand won per game and a hundred thousand won a day. if these are not obeyed, the gamer and game company will be punished. Therefore, these regulations need to be reviewed in terms of legal issues with a strict examination. However the regulation on the limits of betting in a game seems not to be justified with the constitutional standards - the principle of apparentness (definitude), the principle banning excessive enforcement when restricting the basic rights of people - in this case, the general human rights and liberties to act of gamers and the freedom of profession and speech of game operators(company). It is also questioned that it might infringe the essense of the legal institution of game and rights, and cause the paradox of excessive regulation.
Abstract
In recent years, the government is trying to regulate the web board games - poker, gostop etc. with the amendment of the executive order regarding the game law. The main regulation of this order is to regulate the maximum amount of betting the game as a ten thousand won per game and a hundred thousand won a day. if these are not obeyed, the gamer and game company will be punished. Therefore, these regulations need to be reviewed in terms of legal issues with a strict examination. However the regulation on the limits of betting in a game seems not to be justified with the constitutional standards - the principle of apparentness (definitude), the principle banning excessive enforcement when restricting the basic rights of people - in this case, the general human rights and liberties to act of gamers and the freedom of profession and speech of game operators(company). It is also questioned that it might infringe the essense of the legal institution of game and rights, and cause the paradox of excessive regulation.
참고문헌 (8)
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- Chung, Jong Sub, "The Constitutional Law", pp.507~679 (2013), Parkyoungsa Publisher
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- 황승흠, "제도적 표현의 관점에서 본 게임의 문화적 가치", IT와 법연구, 4(4), pp.193~220 (2010), IT와 법연구소
- Christiansen, "The relationship of gaming to entertainment, In Gambling-Public policies and the social sciences" (1997), Institute for study of gambling and commercial gaming
- Choi, Sung Rak, "Study on the Maximum Limits of Betting in the Gambling Games", Journal of the Korean Association of Government Studies, 24(1), pp.261~278 (2012)
- Kim, Young Pyong., "The Paradox of Regulation" (2006), Samsung Publisher
- 강신규, "디지털 게임의 자율규제 방안에 관한 비교분석적 접근", 한국게임학회 논문지, 12(6), pp.107~119 (2012), 한국게임학회[DOI]