온라인게임 셧다운제의 위헌성여부에 대한 검토 (A Constitutional Investigation on the Online Game Shutdown System)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 37호 / 11 ~ 28페이지
· 저자명 : 박창석

초록

A large number of Korean children and teenagers are addicted to intrenet games. Some of them often play games until late at night. Game Addiction is a serious problem in Korean society. As a consequence, the Korean government has announced firmer measures to control and prevent online game addiction. The highlighting point of the measures which the government has proposed was a restriction on the youth people under the age of 16 to prevent them from logging on to the certain online game sites from p.m. 12 to a.m. 6. This is called ‘Online Game Shutdown System’.
When this policy began, there was much dispute. But, there’s a strong argument for it is unconstitutional and useless. Someone says, this policy doesn’t have a hope of preventing children’s game addiction. First, foreign made games are excluded from the policy. If one could not play Korean games in night time, one will play foreign games that one can play any time. Therefore, this policy may also make the Korean games industry go bankrupt. Second, students could play games anytime by using other resident registration numbers. This policy restraint students playing games by checking their social security numbers, but students could use their parents’ numbers. Some students will hack other peoples’ IDs. And there are claims that it is highly likely that this system is in breach of the constitution. That is first, the system infringes upon youth’s right to pursue happiness,especially right to play games. Second, the system violates the constitutional principle of family autonomy, or infringes upon parents’ right to educate and foster children. Third, the system infringes upon online game publisher’ right to equal protection by discriminating online game publishers from arcade game, video game, pc game, mobile game publishers without reasonable rationales.
But, I think that the government’s shut-down policy on online internet games is a wise decision and constitutional. Because, most importantly, the majority of these games are very violent even for adults. Playing computer games too much is not good for them in many ways. They may be harmful for children’s mental health. Also, playing them can lead to physical health problems. It could easily affect students’ performances at school. What’s more, Internet games can ruin social relationships, for example, with their family members and friends. The Internet game shutdown policy is really a necessary measure for both children and teenagers. It is extremely hard for them to control themselves, especially when it comes to games, playing and anything that is fun and I strongly believe that adults should do something to help them fix their Internet game addiction. I am confident that the Internet game shutdown policy is the answer to the call. I hope the government comes up with more realistic, effective and reliable measures to help solve this huge social problems in Korea: game addiction. And the right to pursue happiness, especially right to play game, parents’right to educate and foster children can be guaranteed in limited doses. Futhermore online games are stand apart from other games. So, it is not discrimination that government differentiate between online games and other games by the online game shutdown policy.

영어초록

A large number of Korean children and teenagers are addicted to intrenet games. Some of them often play games until late at night. Game Addiction is a serious problem in Korean society. As a consequence, the Korean government has announced firmer measures to control and prevent online game addiction. The highlighting point of the measures which the government has proposed was a restriction on the youth people under the age of 16 to prevent them from logging on to the certain online game sites from p.m. 12 to a.m. 6. This is called ‘Online Game Shutdown System’.
When this policy began, there was much dispute. But, there’s a strong argument for it is unconstitutional and useless. Someone says, this policy doesn’t have a hope of preventing children’s game addiction. First, foreign made games are excluded from the policy. If one could not play Korean games in night time, one will play foreign games that one can play any time. Therefore, this policy may also make the Korean games industry go bankrupt. Second, students could play games anytime by using other resident registration numbers. This policy restraint students playing games by checking their social security numbers, but students could use their parents’ numbers. Some students will hack other peoples’ IDs. And there are claims that it is highly likely that this system is in breach of the constitution. That is first, the system infringes upon youth’s right to pursue happiness,especially right to play games. Second, the system violates the constitutional principle of family autonomy, or infringes upon parents’ right to educate and foster children. Third, the system infringes upon online game publisher’ right to equal protection by discriminating online game publishers from arcade game, video game, pc game, mobile game publishers without reasonable rationales.
But, I think that the government’s shut-down policy on online internet games is a wise decision and constitutional. Because, most importantly, the majority of these games are very violent even for adults. Playing computer games too much is not good for them in many ways. They may be harmful for children’s mental health. Also, playing them can lead to physical health problems. It could easily affect students’ performances at school. What’s more, Internet games can ruin social relationships, for example, with their family members and friends. The Internet game shutdown policy is really a necessary measure for both children and teenagers. It is extremely hard for them to control themselves, especially when it comes to games, playing and anything that is fun and I strongly believe that adults should do something to help them fix their Internet game addiction. I am confident that the Internet game shutdown policy is the answer to the call. I hope the government comes up with more realistic, effective and reliable measures to help solve this huge social problems in Korea: game addiction. And the right to pursue happiness, especially right to play game, parents’right to educate and foster children can be guaranteed in limited doses. Futhermore online games are stand apart from other games. So, it is not discrimination that government differentiate between online games and other games by the online game shutdown policy.

참고자료

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