A Constitutional Study on the Identification Regulation of Online Web-Board Games

웹보드 게임 매회 본인인증 규제안에 대한 헌법적 검토

  • Received : 2013.08.22
  • Accepted : 2013.09.05
  • Published : 2013.09.30

Abstract

This study challenges constitutional problems of the identification regulation on online web-board Games, which is about to be reviewed by Ministry of Government Legislation. The regulation comprises imposition of duty for online web-board game publisher to identify every game user whenever the game user plays or accesses the online web-board game. The regulation is deemed to be unconstitutional because 1) it is not an effective mean to prevent online web-board game from being misused as gambling 2) it violates free speech right, right on personal information as well as privacy. As the Constitutional Court of Korea has already decided that internet real-name system, which imposed identification duty online bulletin board, is unconstitutional, any regulator or legislator should not use identification regulation without eliminating its unconstitutionality.

Keywords

References

  1. Lee, HyeongKyu, "The problems and Reformation of Personal Identification by the Resident Registration Number on the Internet", Hanyang Law Review, Vol.23-1 No.37, pp. 346-347, 2012.
  2. Hwang, Sung Gi , "A Study on the Constitutional Limits of the Regulations of Gambling Style Online Weboard Game", Journal of Law & Economic Regulation, Vol.4, No.2, pp. 43-52, 2011.