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웹보드 게임 매회 본인인증 규제안에 대한 헌법적 검토

A Constitutional Study on the Identification Regulation of Online Web-Board Games

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초록

This study challenges constitutional problems of the identification regulation on online web-board Games, which is about to be reviewed by Ministry of Government Legislation. The regulation comprises imposition of duty for online web-board game publisher to identify every game user whenever the game user plays or accesses the online web-board game. The regulation is deemed to be unconstitutional because 1) it is not an effective mean to prevent online web-board game from being misused as gambling 2) it violates free speech right, right on personal information as well as privacy. As the Constitutional Court of Korea has already decided that internet real-name system, which imposed identification duty online bulletin board,is unconstitutional, any regulator or legislator should not use identification regulation without eliminating its unconstitutionality

Abstract

This study challenges constitutional problems of the identification regulation on online web-board Games, which is about to be reviewed by Ministry of Government Legislation. The regulation comprises imposition of duty for online web-board game publisher to identify every game user whenever the game user plays or accesses the online web-board game. The regulation is deemed to be unconstitutional because 1) it is not an effective mean to prevent online web-board game from being misused as gambling 2) it violates free speech right, right on personal information as well as privacy. As the Constitutional Court of Korea has already decided that internet real-name system, which imposed identification duty online bulletin board,is unconstitutional, any regulator or legislator should not use identification regulation without eliminating its unconstitutionality

참고문헌 (2)

  1. 이형규, "인터넷상 주민등록번호에 의한 본인확인의 문제점과 개선방안", 한양법학, 346(37), pp.341~371 (2012), 한양법학회
  2. 황성기, "온라인 웹보드게임의 사행성 규제의 헌법적 한계 - 도박과 게임의 개념본질적 구분을 중심으로 -", 경제규제와 법, 4(2), pp.41~59 (2011), 법학연구소

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