해외 웹보드게임의 게임결과물 환전 방식에 관한 연구
The Study on the Way of Real Money Trading
2
조회
0
다운로드
3
인용
0
참고문헌
키워드
초록
This article dealt with some legal issues mainly related to a Real Money Trading (RMT) in web-board gamesin Korea. For clarifying in detail, this paper showed lots of real case found in U.S. and China. These case studieswas to reach a common principle, that is, “RMT is everywhere in the real world.” And then, this article tried toexamine and evaluate whether a RMT in web-board games has an intrinsic characteristic of gambling in terms ofthe legal questions. In this part, this study leads to the conclusion that a RMT in web-board games does not meetthe legal concept of “Chance” and “Prize.” Furthermore, it is not reasonable that providers of web-board gamestake legal responsibility for not only a RMT that is not controlled and caused by them but also quasi-gamblingexperience by the RMT. This analysis is supported by some cases ruled by Supreme Court in Korea. Nevertheless, a RMT in real world is still considered as illegality of providers of web-board games by theKorean government. And more, in recent, the government gets to apply more strict regulation to most kinds ofgame. This is not common and proper regulatory system in national service areas as well as the WTO and/orFTA systems.
Abstract
This article dealt with some legal issues mainly related to a Real Money Trading (RMT) in web-board gamesin Korea. For clarifying in detail, this paper showed lots of real case found in U.S. and China. These case studieswas to reach a common principle, that is, “RMT is everywhere in the real world.” And then, this article tried toexamine and evaluate whether a RMT in web-board games has an intrinsic characteristic of gambling in terms ofthe legal questions. In this part, this study leads to the conclusion that a RMT in web-board games does not meetthe legal concept of “Chance” and “Prize.” Furthermore, it is not reasonable that providers of web-board gamestake legal responsibility for not only a RMT that is not controlled and caused by them but also quasi-gamblingexperience by the RMT. This analysis is supported by some cases ruled by Supreme Court in Korea. Nevertheless, a RMT in real world is still considered as illegality of providers of web-board games by theKorean government. And more, in recent, the government gets to apply more strict regulation to most kinds ofgame. This is not common and proper regulatory system in national service areas as well as the WTO and/orFTA systems.
참고문헌 (9)
- 임호, "한-중 웹보드게임산업경쟁력 비교연구", 한국컴퓨터게임학회논문지, 26(3), pp.207~214 (2013), (사)한국컴퓨터게임학회
- 이정훈, "온라인 賭博의 刑事責任－ 온라인 보드게임을 중심으로 －", 중앙법학, 6(3), pp.157~187 (2004), 중앙법학회
- 문기탁, "게임법상 등급분류거부제도의 위헌성에 대한 연구", 한국컴퓨터게임학회논문지, 26(3), pp.215~224 (2013), (사)한국컴퓨터게임학회
- 황승흠, "2007년 개정 게임산업진흥법상 사행성게임물제도의 의의와 법적 성격", 공법학연구, 8(4), pp.305~328 (2007), 한국비교공법학회
- 황성기, "온라인 웹보드게임의 사행성 규제의 헌법적 한계 - 도박과 게임의 개념본질적 구분을 중심으로 -", 경제규제와 법, 4(2), pp.41~59 (2011), 법학연구소
- 문기탁, "비즈니스 모델로서의 간접충전의 법적 성격", 한국컴퓨터게임학회논문지, 26(3), pp.225~241 (2013), (사)한국컴퓨터게임학회
- Status and issues of online gambling, "Chan-Mo Jung", Korea Information Society Development Institute, ~, pp.KDI ISSUE REPORT 07-14 (2007)
- I. Nelson Rose, "Internet Gaming Law" (2005), Mary Ann
- Jong-Il Kim, "Regulatory measures against speculative aspest of on-line poker games", Master, pp.2013