온라인게임 이용약관 관련 판례의 동향 및 쟁점 분석
An Analysis on Legal Issues of the Judicial Precedents regarding the On-line Game
신영수(경북대학교)
5호, 155~197쪽
초록
As on-line game are universalized among people, conflicts between users and providers have been rapidly increasing. Those conflicts are mainly related to interpretation of adhesion contracts. During last few years, the Korean Fair Trade Commission had ever looked through game providers' adhesion contracts and made some corrective measures on them, and significant judicial precedents related came from lower mostly and even supreme courts. However, the judgements are not likely to firmly settled as a source of the law, because economic and technical environments surrounding the online-games are too variable in nature. In this context, the meaning of current judicial precedents should be analysed under basis of the special circumstances of the online game, and the meanings of them need to be drawn through the case by case approach. This paper reviews recent judicial cases regarding adhesion contracts of the online game by some korean courts and attempts to analyse the characteristics of them. Upon this examination, it presents some directions for interpretation of current laws and application them to the online-games.
Abstract
As on-line game are universalized among people, conflicts between users and providers have been rapidly increasing. Those conflicts are mainly related to interpretation of adhesion contracts. During last few years, the Korean Fair Trade Commission had ever looked through game providers' adhesion contracts and made some corrective measures on them, and significant judicial precedents related came from lower mostly and even supreme courts. However, the judgements are not likely to firmly settled as a source of the law, because economic and technical environments surrounding the online-games are too variable in nature. In this context, the meaning of current judicial precedents should be analysed under basis of the special circumstances of the online game, and the meanings of them need to be drawn through the case by case approach. This paper reviews recent judicial cases regarding adhesion contracts of the online game by some korean courts and attempts to analyse the characteristics of them. Upon this examination, it presents some directions for interpretation of current laws and application them to the online-games.
- 발행기관:
- IT와 법연구소
- 분류:
- 기타법학