사행성 개념의 규범적 고찰

Abstract

This article attempts to analyze the concept of gambling, which is at the basis of legal regulation of gambling and gambling activities. In this process, we first introduce and analyze theoretical discussions of the social science level in order to lay the foundations for the analysis of the concept of gambling. This theoretical discussion can provide a basis for starting thinking from a universal and neutral point of view to those who have a vaguely negative perception of gambling. First, I examine in detail how the concept of gambling is used in the current korean legal system and examine its meaning. The purpose of this study is to investigate the tendency of korean Supreme Court precedents on the concept of gambling, and to explore the normative meaning of gambling by examining the relationship between speculation and gambling. The gambling behavior described by the combination of contingency, betting, expectation rewards is itself a phenomenon of man and a property of value-neutral behavior. However, in the area of criminal law, gambling can no longer be regarded as a value-neutral or natural attribute. The legal system has long been the object of regulation and management of gambling behavior. In this context, judging from the scope of law that any act or play is gambling is further required to examine the premise requirements for gambling to be negatively evaluated in society. For a specific act or play to be included in the area of regulation by the nature of gambling, a concrete reference point for the 'property benefit' standard should be presented.