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논문 기본 정보

저자정보
(순천향대학교) (순천향대학교)
저널정보
한양법학회 한양법학 한양법학 제34권 제1집(통권 제81집)
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    초록·키워드

    In Korea, regulations on games are strengthened by a negative perspective, such as overindulgence, despite their value as a recreational culture and their industrial value. Attention is paid only to the negative aspects of games, while the effects of the game industry on the national economy and the characteristics and positive functions of games are disregarded. In addition, regulations themselves are pursued instead of seeking fundamental and rational resolutions based on the analysis of causes. This can be seen as a problem. Even when the need for regulations on games is accepted, efforts should be made to minimize the negative effects of such regulations. For these reasons, this study suggests the following as considerations in reforming current game regulations. First, game regulations should be allowed only to the extent they do not infringe the freedom to use games. In other words, the enactment of game regulations should be within the limits of restricting fundamental rights, such as the principle of proportionality. Second, on the one hand, a regulation system should be strengthened to maintain public welfare and order by supplementing defects of necessary regulations; on the other hand, unnecessary and unreasonable regulations should be modified to promote autonomy and creativity in social and economic activities, improve the quality of life for the people, and constantly enhance national competitiveness. Third, if administrative rules are abused, the rule of law and the principle of the legality of administration would be put at great risk and administrative rules could be used as a basis for the so called ‘shadow regulations.’ Therefore, it is desirable that major content of regulations is regulated by laws to improve the expertise and consistency in game regulations. Fourth, in a bid to promote the game industry, it is necessary to depart from ex ante regulations, which restrict rights or impose obligations beforehand, and consider with priority ex-post regulations, which restrict rights or impose obligations after the fact as necessary. Fifth, it is necessary to consider cost-incurring factors resulting from regulations through cost-benefit analysis. Regulations must use the most effective means to achieve a goal, and a means should be used to achieve the highest goal. Sixth, it would reasonable to have the Ministry of Culture, Sports and Tourism get the jurisdiction of the regulations to secure the consistency and unity of regulations.

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