온라인게임 심의제도의 개선방안

The Proposal for Reform of Online Game Review and Rating System

&nbsp;&nbsp;This study proposes the reasonable reform of online game review and rating system through analyzing the legal problems of the system. Specifically, the problem of dual review and rating, decision of not able to use game. decision of suspending of rating, patch review, and online game shutdown are the subjects of this study.<BR>&nbsp;&nbsp;Firstly, the problem of dual review and rating lies in the conflict of the authorities between the Youth Protection Commission and the Korea Media Rating Board. The origin of the problem is the discordance of youth age in the related acts. Therefore, the discordance of youth age in the related acts should be resolved.<BR>&nbsp;&nbsp;Secondarily, decision of not able to use game and decision of suspending of rating by the Korea Media Rating Board on online game are unconstitutional because of the ban of prior restraint under current Constitution. Consequently, decision of not able to use game and decision of suspending of rating should be repealed.<BR>&nbsp;&nbsp;Thirdly, the current patch review system by the Korea Media Rating Board can be excessive burdens for online game industry. The new patch review system charactered by simplicity and transparency in the review process should be adopted.<BR>&nbsp;&nbsp;In recent, conservative groups propose the online game shutdown system. Also some politicians propose a bill to enact online game shutdown system as a revision to the youth protection act. The online game shutdown system is blocking children&quot;s access to online game in certain time or after using online game for certain hours at midnight. Here certain time means from p.m. 10 to a.m. 6, and certain hours means 2 hours. The bill to enact online game shutdown system imposes the obligation to block access to online game in certain time on the online game publishers, and inflicts a penalty on a online game publisher for an offense.<BR>&nbsp;&nbsp;But in my views, the online game shutdown system is unconstitutional in the following perspectives.<BR>&nbsp;&nbsp;Firstly, the online game shutdown system infringes upon youth&quot;s right to pursue happiness, especially right to play game. Secondly, the online game shutdown system violates the constitutional principle of family autonomy, or infringes upon parents&quot; right to educate and foster children. Thirdly, the online game shutdown system infringes upon online game publishers&quot; right to equal protection by discriminating online game publishers from arcade game, video game, pc game, mobile game publishers without reasonable rationales.