26. Legal character of Indirect charge system as business model

Title(KR)

• 비즈니스 모델로서의 간접충전의 법적 성격

Title(ENG)

• Legal character of Indirect charge system as business model

Keywords(KR)

• direct charge system, indirect charge system, online game, game deliberation, gambling

Keywords(ENG)

• direct charge system, indirect charge system, online game, game deliberation, gambling

Author

• Ki Tak Mun

Abstract(ENG)

Currently, Game Rating Board is regulating online web board games for the purpose of eradicating the speculation of the games through prohibition on direct charge system of the game and now is trying to even ban the indirect charge method. However not only the direct charge system but also the indirect charge system is a legal business model under the Promotion Act on Game Industry. There are 3 reasons: First, the web board game is essentially different from gambling. In order for the activity in question to be considered as gambling, it should meet all of the three requirements which are consideration, chance and prize. However, the game doesn't give prizes so that excludes it from gambling. Second, the deliberation about the prohibition on direct charge system of the game deviates from the limits of delegated legislation. Since the web board games do not fall under the purview of the concept of gambling, the deliberation is a subordinate to the Promotion Act on Game Industry, the deliberation itself may be in violation of the delegation range if the web board games are judged as operating illegally. Lastly, the prohibitions on the business model of the web board games transcend the constitutional limits of the regulations of games involving gambling and in the long run fringe constitutional rights. The essential cause of the problem surrounding online games is attributed to exchanging real money into game money outside the system of the game, not in the online web board game itself. Hence, impetuous regulation on indirect charge system of the web board games will substantially shrink the national online game industry, making other competitors from other nations enjoy the benefits.

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