게임이용장애의 질병코드화의 법적 문제점

Abstract

The World Health Organization(WHO) listed the ‘gaming disorder’ as a subclass of behavioral addiction in the 11th edition of the International Classification of Diseases on May 25, 2019. It is questioned whether Korean Standard Classification of Disease and Cause of Death, which is managed by Korea National Statistical Office in the future, will accept and reflect it. In this regard, there is intense debate about the pros and cons in our society. The purpose of this study is to analyze the problems of disease coding of gaming disorder from the legal point of view. Particularly, the legal problems concerning disease coding of gaming disorder are as follows. First, the legal meaning of the disease coding of gaming disorder is that “the disease of gaming disorder from the public health medical point of view becomes a general and abstract norm with legally binding force.” Second, disease coding of gaming disorder is contrary to the principle of cultural state, which is the basic principle of the Korean Constitution. This is because disease coding of gaming disorder transcends the range of state interventions in cultural areas at the level allowed by the principle of cultural state. Third, the disease coding of gaming disorder requires constitutional control according to the law of guaranteeing freedom of expression. The disease coding of gaming disorder infringes on the freedom of expression by violating the principle of proportion. Fourth, the disease coding of gaming disorder is very likely to invade the value that art freedom seeks to protect and to infringe on the freedom of art creation and freedom of expression of art. Fifth, the disease coding of gaming disorder has a high risk of infringing on right to culture, which can be understood as basic right related to cultural life. Sixth, the disease coding of gaming disorder is inconsistent with the current legal system of the cultural contents industry, and therefore, the possibility of failing to satisfy the system legitimacy is high. Seventh, the disease coding of gaming disorder is problematic in itself that classifies specific behavior or disposition as a disease without any personal and sociocultural context.