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A study on arguing over the constitutionality in regard to the regulation of the time playing computer games and the contents of games

  • DONG-A LAW REVIEW
  • 2014, (64), pp.145-176
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

CHO JAEHYUN 1

1동아대학교

Accredited

ABSTRACT

To play the video games has the cultural, commercial, economic and social values. It has also the constitutional values. It be closely connected with the right for pursuit of happiness, the general right to freedom of action, the freedom of expression, the freedom to occupation and so on. However the restrictions on games are demanded consistently. It is provided in the Game Industry Promotion Act, the classification according to age, as the Content-based restrictions. Recently the regulation of the time playing computer games as the Content-neutral restrictions was introduced or proposed. It were the Shut Down System, the Selective Shut Down System and the Cooling Off System. The Shut Down System and the Selective Shut Down System are in effect. It has been the subject of animated controversy to introduce the Cooling Off System. The games do contain expression and are speech. The provision of online games services have the values freedom of expression. So the regulations of the time playing computer games mean the restriction of the freedom of expression. The restrictions on games are classified with the Content-based restrictions and Content-neutral restrictions. The regulations of the time playing computer games would be not Content-based restrictions or Viewpoint-based restrictions, but the Content-neutral restrictions. Therefore we will be apply the rational basis standard or intermediate scrutiny standard instead of strict scrutiny. It has the proper purpose for the children to prevent the game overindulgence. But the tighten and compulsory regulations are inadequate in respect of the Less Restrictive Alternatives. It should be considered seeking alternative for juvenile protection rather than the tighten and compulsory regulations. It follows that it would be the proper way to protect the children to consider the voluntary restraint online game industry, preventive and psychological education, consultation program of connection with parents and prevention program of computer games overindulgence.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.