인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
This paper critically reviewed the Constitutional Court"s decision (2011Hun-Ma659 · 683(consolidated)) on the Internet Game Shutdown System in the Youth Protection Act(YPA) from the viewpoint of application of proportionality principle.
The Principle of Proportionality requires that the means of restricting the basic rights of citizens chosen by legislative power for public interest be in a proper proportional relationship with the purpose of restricting the basic rights. The principle of proportionality is subordinate to the legitimacy of the purpose, the adequacy of the method, the minimum of infringement, and the balance between public and private interests.
Despite of its validity and logic, the proportionality principle has the problem that there is plenty of room for the judge"s subjectivity or prejudice to be involved in application to specific cases, It is believed that the Constitutional Court"s decision(2011Hun-Ma659․683(consolidated)) clearly shows this problem.
According to the current Internet game shutdown system in YPA, all Internet games that are allowed to be used by teenagers under 16 years of age through the game grade classification system are banned from being provided and used for teenagers under 16 years of age, regardless of whether they are at risk of game addiction or addiction, at late-night, even if their parents allow them to use it.
I believed the Constitutional Court judged on the basis of the conviction of the necessity of shutdown system of internet games during late-night hours that the current Internet game shutdown system in YPA meets the legitimacy of the legislative purpose, the appropriateness of the method, the minimum of the infringement and the balance of the legal interests without persuasive argument.
When the Constitutional Court arbitrarily reviews whether the public power, which limit basic rights of citizens, complies with the principle of proportionality, it should be noted that the proportionality principle can be reduced to a means that justify unconstitutional restriction of basic rights made on the basis of the will or public sentiment of those in power in the name of public interest realization.
The Principle of Proportionality requires that the means of restricting the basic rights of citizens chosen by legislative power for public interest be in a proper proportional relationship with the purpose of restricting the basic rights. The principle of proportionality is subordinate to the legitimacy of the purpose, the adequacy of the method, the minimum of infringement, and the balance between public and private interests.
Despite of its validity and logic, the proportionality principle has the problem that there is plenty of room for the judge"s subjectivity or prejudice to be involved in application to specific cases, It is believed that the Constitutional Court"s decision(2011Hun-Ma659․683(consolidated)) clearly shows this problem.
According to the current Internet game shutdown system in YPA, all Internet games that are allowed to be used by teenagers under 16 years of age through the game grade classification system are banned from being provided and used for teenagers under 16 years of age, regardless of whether they are at risk of game addiction or addiction, at late-night, even if their parents allow them to use it.
I believed the Constitutional Court judged on the basis of the conviction of the necessity of shutdown system of internet games during late-night hours that the current Internet game shutdown system in YPA meets the legitimacy of the legislative purpose, the appropriateness of the method, the minimum of the infringement and the balance of the legal interests without persuasive argument.
When the Constitutional Court arbitrarily reviews whether the public power, which limit basic rights of citizens, complies with the principle of proportionality, it should be noted that the proportionality principle can be reduced to a means that justify unconstitutional restriction of basic rights made on the basis of the will or public sentiment of those in power in the name of public interest realization.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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