국내 게임사의 글로벌서비스에 대한 제도적 개선방안

According to Game Industry Promotion Act(GIPA), a person who intends to produce or distribute a game product for the purpose of circulating the game product or providing for the use thereof shall receive a rating on the contents of the relevant game product from the Rating Board before production or distribution of such game product. This clause apply to domestic game companies and foreign game companies who service to our country. However, there are some controversial opinions if domestic game companise who only want to service to other countries, so called “Global Service”, should observe the process of game rating by GIPA. In Korea, the Criminal Code apply to all Korean nationals who commit crimes outside the territory of the Republic of Korea(active nationality principle), so domestic game company should observe the GIPA relating criminal case about game rating. But it is questionalble that this nationality principle apply to the case only service to other countries not to domestic users. In consideration of recent relaxation of regulation to other country’s game companies applying GIPA, we need some deregulation in the active nationality principle applying GIPA to domestice game companies, especially in Global Game Service. I think, in Global Game Service when domestic game companies service to abroad, following legislative approach that applying GIPA to these companies should be excluded is need. First, we can consider employ exceptional clause in Criminal Code Section 3. Secondly, by amending GIPA, the law cannot be apply to the case when domestic game companies service only to other countries.