불법사행산업에 대한 규제의 한계와 제도적 대응방안

Abstract

The gambling industry, which is legally operated in Korea, is composed of lottery ticket issuance business regulated by National Police Agency and 7 types of business such as horse racing, cycle racing, ship racing, sports promotion bet(Sports toto), casino, lottery regulated by National Gambling Control Commission(NGCC). According to the statistics of NGCC, the total sales of the illegal gambling market as of 2015 is about 83,782.2 billion won, while the total sales of the legal gambling industry are about 21,723 billion won as of 2017. And it is difficult to regulate the online gambling industry. Gambling contents are created for property benefits through illegal gambling sites, so that it may exist crimes that produce social problems because are involved in. There is also a problem of social problems caused by gambling addiction, especially addiction to illegal gambling by young people. Therefore, it is necessary to think about the scope of dealing with the effective enforcement system and legalized gambling method at present. Now, it is not an arbitrary judgment by the assessment institution whether it belongs to the category of general gambling regulated by the Criminal Law, but rather the criterion law which has the characteristics of only the gambling industry falling within the boundaries of the law, management system should be designed differently. As the range of life on-line expanded, it was time to shift the paradigm of how to look at the gambling industry. Regulation based on the negative perception of gambling industry in society is also a factor that hinders the development of legitimate gambling industry. Moreover, the judicial evaluation that the eradication of illegal gambling industry together with ‘Restoration’ & ‘Bringing into the open’ by establishing a legal scope of online gambling behavior is bound to have duality. As a result, it is necessary to improve the legal system to apply gambling in the digital environment to the field of play like current domestic lotto culture comprehensively. As with the legislation discussed in the above-mentioned legislative debate, by introducing the special judicial police system of NGCC, it is necessary to make developing the legal gambling industry environment by surely enforcing the illegal gambling, to establish the stage of punishment through the method of infiltration by cooperating with related institutions & judicial authorities, in succession, the perception that the illegal gambling industry is strictly enforced is settled to the members of the society, so that the legal gambling industry can be recognized as a play to enjoy for a while. In addition, the current NGCC should be changed into a more manageable institution, at the same time, it should be expanded and reorganized as an independent central administrative institution belonging to the prime minister.