초록 열기/닫기 버튼
Amusement with Prize(AWP) and Game Rating SystemHwang, Sung-GiThe purpose of this study is analyzing whether the game rating system is eligible for regulating gambling game(or gambling machine). From a legal point of view, the definition of ‘gambling’ consists of any activity with three elements: consideration(or input), chance, and prize. If any one or more of these elements is missing, the activity is not gambling.The category ‘Amusement with Prize’(hereinafter ‘AWP’) of game like 'the Sea Story' has these three elements as gambling game. Therefore AWP is not game, but means for gambling.The Current The Act for Promotion of Game Industry(hereinafter 'Game Industry Act') apply game rating system to gambling machine. The typical thing is the decision on gambling game which is made by Game Rating Board. In other words, whether a game is gambling machine is decided in the process of game rating. This approach for regulating gambling game in the Game Industry Act provokes many problems in the theoretical and actual aspects.Firstly, if a game rating system is applied to gambling machine, the decision process on gambling game shall be regarded as prior restraint. In this occasion, the presupposition of rating system will be collapsed.Secondly, means for gambling is not medium for expression of one's ideas. But media rating system including game rating system is a mechanism for regulating medium for expression of one's ideas.Consequently, a system for regulating gambling game(or gambling machine) like AWP and game rating system should be separated.
