게임 이용행위의 질병적 취급에 헌법적 검토

Abstract

Considering the “acceptance of ICD-11”, the types of basic rights restrictions for gamers and game providers, and the constitutional requirements of these restrictions, the regulatory direction of gameplay behavior based on a disease approach can be suggested as follows. First, it is important to agree on objective and professional criteria for the medical and medical impacts and consequences that games can bring. This is a matter to be judged without a premise of positive and negative evaluation of game use behavior, and requires a careful deliberation process by the relevant expert group. If these standards are not established, it may cause excessive basic rights restrictions on game users and game providers. Second, in the regulation of game users and game providers, there is a need to differentiate in the intensity of regulation for both groups. Game users are one of various leisure or hobby lifestyles in terms of general behavioral liberty, and can exercise general behavioral freedom in various ways. In the case of game operators, however, game-related business activities require a prior review and consideration of whether the restrictions on game operators do not cause excessive consequences as part of their professional performance for their livelihood. In the absence of sufficient review and consideration of these meanings, in order to prevent addictions that may be caused by game play, game operators are subject to excessive business activity restrictions and quasi-tax payment obligations. And a confiscation effect on freedom of job choice.