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The establishing possibility of the MMORPG game item

  • DONG-A LAW REVIEW
  • 2011, (50), pp.133-162
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

류화진 1

1영산대학교

Accredited

ABSTRACT

The discussion about the cash transaction of the game item is active due to the verdict of not guilty which is recently sentenced in Supreme Court on the game money change in the game Lineage. It has the provision prohibiting the cash transaction of an item in the game company providing most of MMORPG games. However, it is difficult to say that this behaviour in terms of interpretation of the Article 32 in the game industry Act is prohibited by the law. Therefore, the game company can impose players who violate provisions only the account break as a punishment. However, in case of exchanging the game money acquired through the illegal automatic hunting program as an occupation, it is the behaviour in which a punishment is possible. While the cash transaction of an item became possible, the need that the legal characteristic of the game item has to be clarified was generated. The object of the according to criminal law property crime can be acknowledged only in case of being the property or the pecuniary advantage. The game item is the information according to the common view. Since the information is not fluid and only businesslike administration is possible, it cannot regard as the property. However, since the game item can have a marketability, that is, the economic value, it can fall under the benefit on property. Therefore, the property crime profiting the according to criminal law pecuniary advantage with an object is possible to be established. For the game providing enterprise, from the viewpoint of the promotion of the game industry, and for gamers, in the point of view that it is the composition of the sound game environment, the criminal regulation about a game has to be made. Still, there is much recognition which is negative about a computer game. However, this has to be changed. There are the positive sides and the negative sides in all phenomenons of not only a game but also our society. Crime phenomenons due to various side effects are known about a game through the news. However, it views as the result of the survey that over half of our nation spend their leisure time playing a game. If it is the case, a game can be a hobby of a nation. The positive side that it contributes to the content industry development of nation is meaningful. Therefore, the criminal regulation should be consistent with the regulation about the behaviours infringing the game environment which is sound and agreeable of the gamers and the behaviour hindering the promotion of the game industry. In addition, the game providing enterprise should fulfill the obligation for the sound game environment development of the gamers to the utmost before admitting a crime due to the complementation of the criminal law. Even though the enterprises fulfill that obligation enough, gamers can be attcked by hacking. In that case, if the infringements are due to the carelessness in accounting management or the attention defict of gamers, all kinds of cases are not easy to punish.

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