다중접속 온라인 역할수행 게임행위와 책임성- 광주지원 2017.8.31.선고 2017나55359 판결을 중심으로 -

Abstract

Cyberspace should be governed in principle by legislation of reality in that it has an extended meaning of real life space even considering spatial characteristics of non-faced, non-realistic and infinite. However, considering the simultaneous access and role of users, virtual societies and the normative environment shown by MMORPG, there are limitations in applying legislation in practice. It is a vain attempt to apply real legislation to an endless variety of imaginative gaming societies. There is no sense of norms in real life when playing games that are developed around virtual subjects (characters) in a virtual environment and in a virtual social norm. First of all, the introduction of a real normative system into the use process only leads to confusion of normative consciousness. The legal assessment of gaming behaviors performed by entering a virtually organized environment by MMORPG content does not take a legal approach to cyberspace from a mere extension of the real world. It is desirable to respect it as a community of those who enter a fantasy environment that is out of reality. Users play games with a sense of norms, and expressions of communication between users are just a kind of game behavior. The fact that the user feels insulted by the opponent's verbal abuse in the course of the game is a result of multiple ego becoming more than the immersion of the game society and becoming a normative sense of the real society. This phenomenon is nothing more than a recognition of the norm of a real society in a gaming society, despite the fact that the user's multi-person self is a game process. Therefore, assessment of game behavior and expression should not be made by legislation of reality. Conflict arising from virtual societies by MMORM is a matter of game content and of operation and use. It is only a matter of the role of the operator to manage the communication environment through multiple simultaneous connections and of the user's use culture. The act of cyber space is not considered to be completely separate from reality. However, it is necessary to faithfully realize the basic principles of legal principles pursued by us by examining changed use environments and norms. While more conflicts will arise in cyberspace as the boundaries between virtual and real are blurred, I think reasonable alternatives can be devised by making clear legal principles and exceptions.