16. The "Rule of Law" Principle on the Administrative Regulations

Title(KR)

• 행정입법에 있어서의 법치행정의 원리- 게임법시행령 별표2의 개정 및 시행을 중심으로 -

Title(ENG)

• The "Rule of Law" Principle on the Administrative Regulations

Keywords(KR)

• Game Regulation, Enforcement Decree of the Game Industry Promotion Act, Rule of Law, Overbreath Doctrine, Void for Vagueness, Less Restrictive Alternative doctrine

Keywords(ENG)

• Game Regulation, Enforcement Decree of the Game Industry Promotion Act, Rule of Law, Overbreath Doctrine, Void for Vagueness, Less Restrictive Alternative doctrine

Author

• Jong Hyun, Hong

Abstract(ENG)

In this paper, I tried to study the legislative history on the controversial issues in relation to the "web-board" game. The legislative procedural issues and the controversial regulations needs to be investigated in sequential analysis and review with the view of content validity and formal legitimacy. The second annexed list of the enforcement decree of the GAME INDUSTRY PROMOTION ACT is based on the article 28 (Matters to be Observed by Game Products related Business Operators) and its main fround is the item 8 "He/she shall observe matters prescribed by Presidential Decree as other matters necessary for maintaining business order." These provisions have many legal problems with the "Rule of Law" principle ("Vorbehalt des Gesetzes" in german), Overbreadth doctrine, Void for vagueness and the The Less Restrictive Alternative(LRA) doctrine etc. The regulation on the "web-board" game industry seems to be very severe and rigorous, because the balancing between the public interest and private one is not considered and corresponded well. It caused many harmful effects on the game industry, game business operator and its users. However, the purpose of legislation might not be achieved due to the weakness of the regulation so that the policy failure may bring about the loss of trust in the governmental regulation. The regulation on the game industry and ICT system needs to be authenticated as a measure to promote the business and rationalized to protect the game users.

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