게임산업법상의 과징금제도에 관한 법정책적 고찰

Abstract

Under the current Game Industry Promotion Act (the “Act”), there are provisions with regard to the penalty surcharge, and detailed standards for imposition of the penalty surcharge are prescribed under the foregoing provisions. However, as illegal acts, subject to the imposition of the penalty surcharge, are limited and the maximum amount of the penalty surcharge is KRW 20 million, such provisions have failed to fully function as sanctions corresponding to the liability for the illegal acts. Considering these circumstances, it is required to (i) identify the problems the penalty surcharge system prescribed under the Act has and (ii) seek measures to improve the penalty surcharge system in order to make it reflect the reality and promote its application. To this end, this study reviewed the following key matters. At first, the fact that the penalty surcharge specified under the Act is the one substituting the business suspension disposition, i.e. the modified penalty surcharge, has significant meaning in discussing the standards for the imposition. Since the general penalty surcharge is imposed separately from other administrative disposition, it is directly connected with the purpose of suppressing the illegal acts. Meanwhile, through the business suspension disposition, the modified penalty surcharge is indirectly connected with the suppression of the illegal acts because it is an alternative to supplement disadvantages of the business suspension disposition while maintaining advantages thereof. In this study, the characteristics and purposes of the modified penalty surcharge were clearly defined prior to the presentation of the improvement measures for the penalty surcharge system under the Act. Second, to propose improvement measures for the penalty surcharge system under the Act, it is required to analyze the penalty surcharge system under the current Act. In this regard, the structure of provisions related to the penalty surcharge, and the subjects and imposition standards of the penalty surcharge under the current Act were examined. The examination was performed with a focus on whether the penalty surcharge imposed per violation of liabilities similar to each other under the current Act is reasonable and whether the amount of the penalty surcharge is appropriate given the period of business suspension. Third, based on the clear definition of the characteristics, purposes and regulation system of the penalty surcharge system prescribed under the Act, issues concerning the penalty surcharge, including the subjects, requirements for imposition, criteria for determination, calculation method, and adjustment of the penalty surcharge under the Act, were analyzed in light of other laws and judicial precedents, and the improvement measures were also presented.