게임과 사행행위 혼용 정책의 법적 분석

Abstract

Legal Analysis on Mix Policy of Game and GamingHwang, Seung-HeumThe scandal of ‘Story of Sea’, the name of gaming machine, which was occurred on August 2006, was caused by the mix policy of game and gaming. Until 1999, the game tool and game place was regulated by the license system on Public Health Act and the gaming tool was prohibited by Gaming Regulation Act. But the enactment of The Act on Disk, Video and Game changed the old regulation scheme of game and gaming. First, a light gaming tool could be in circulation by the classification of +18 game. The content classification system was used the license of a gaming machine. Second, an adult exclusive use game place prohibited on Public Health Act was permitted by registration system of “general game place.” Third, the Ministry of Culture and Tourism permitted the merchandise bond on book and culture product to be in use as prize in AWP. Hereby, the game and gaming was legally mixed up. It was possible to distribute legally a gaming machine that was prohibited by Gaming Regulation Act. This problem still maintains in Game Industry Promotion Act that is the new regulation system of game. As soon as possible, the separation policy of game and gaming should be introduced by the amendment of Game Industry Promotion Act, for the true development of game and game industry.