인터넷게임중독 규제 법안들에 대한 헌법학적 평가

Abstract

In recent years, several legislators have proposed ‘Internet Game Addiction Bills’(Rep. Son Inchoon’s Bill and Rep. Shin Yeejin’s Bill) which established an integrative governmental commission to manage so-called Internet Game Addiction matters. The bills authorizes the commission to regulate commercials of games as well as game industry, furthermore to treat so-called Internet Game Addiction together with alcohol intoxication or narcotic intoxication. By the way, it cannot avoid harsh criticism for the unconstitutionality and irrationality of its contents. First, the bill’s definition of ‘Addiction’ is too broad to be valid on its face. In the bills, digital media contents including internet games should be classified as one of major sources causing addiction and controlled by the governmental commission, but no one easily agree with the toxicity of media contents. Seconds, the bills infringe equal protection of law for it treats intrinsically different matters alike. According to the bills, narcotic intoxication is treated same with so-called Internet Game Addiction of which existence is still in dispute. Finally, the bills cannot pass the proportionality test because proposal did not show a compelling state interest to regulate game industry and take a least restrictive means to gain its goal. Also, in the aspect of policy, for the essential part of bills which is the establishment of ‘the national addiction management commission’ seems to be an arbitrary decision of the minority of psychiatrist group and a waste of state resources. To resolve law and policy problems, it needs legislature’s prudential approach to internet game matters.