시뮬레이션 레저 산업의 진흥을 위한 법제 연구

Abstract

With the recent development of IT Technology such as virtual reality, the boundary and division between conventional sports and games have gradually faded. As sports and games converge, a new concept called “Simulation Leisure” emerged. Simulation leisure industry is a concept that combines IT Technology and leisure industry, such as virtual reality technology, which has become a core in the 4th Industrial Revolution era. This corresponds to a new type of future industry that creates high added value. Therefore, the simulation leisure industry should be recognized as a new industry area and should be supported politically so that related industries can be activated more. Also, it is necessary to prepare a preemptive countermeasure strategy at the national level, such as classifying it as a promising future industry. If the simulated leisure facility is interpreted as reported sports facility in 「Physical Education Facility Act」, simulation leisure operators are obliged to comply with facility standards and provide physical facilities such as essential facilities and optional facilities. Like this, numerous obligations can hinder motivation for investment, start-up, and research in related industry. Ultimately it can be a major obstacle for the development of simulation leisure industry. Also, it can cause equality problems between simulation leisure facilities and also physical facility can be considered as illegal facility in some conditions. In addition, copyright can be a obstacle in simulation leisure industry according to ‘Golf-zone Case’ in Korea. In this case, the act of implementing the digital graphic of reality in simulated leisure facility through technology such as virtual reality and augmented reality is regarded as violation of copyright. This does not reflect the paradigm of digital era since copyright is considered as a barrier preferably to the development of simulation leisure industry. These judgement of courts is not suitable for drastic environmental changes in 4th industrial revolution. To solve these problems and to promote the development of simulation leisure industry, I suggest measures to incorporate simulation leisure into games as interpretation theory and to expand the application of 'fair-use’ in copyright law in this paper. Also, I propose ways to enact a new law to regulate the concept of simulation leisure for ‘minimal regulation & maximum safety’ as a legislative theory and to legislate for expanding the concept of 'freedom of panorama' in copyright law.