온라인게임 소비제한제도의 개선방안

Abstract

The payment limit for online games has become one of the most powerful regulations symbolizing Korea’s game regulation, alongside the game shutdown regulation, despite the fact that it has been difficult to find legal grounds for the regulation for over a decade. A payment limit forcibly incorporated into the content of the game subjects the game operator to two serious legal risks: criminal penalties and business interruption concurrently when the game exceeds the payment limit while providing the game. While this payment limit may give the impression of carrying out the inherent functions of ‘restraining excessive consumption' or 'restraining speculative consumption', in reality it does not serve these purposes at all. The only function it serves is to limit the amount of revenue that a game provider can make from particular games. This leads to distortions in the domestic game market and weakening of international competitiveness of local game providers. Just like the shutdown system, the payment limit is an outdated law that basically violates the principle of statutory reservation that was born out of the wrongful assumption that games are evil. Imposing government regulation where regulatory purposes can be adequately met through self-regulation represents excessive paternalism of the state. Should constraint on excessive consumption be necessary based on social consensus, the direction of autonomous regulation should be presented as a policy. The role of the government should be limited to supporting autonomous regulation to function effectively.