「게임산업진흥에 관한 법률」상 본인인증제도에 대한 헌법학적 평가 — 헌재 2015. 3. 26. 2013헌마517 결정례에 대한 검토를 중심으로 —

A self-authentication system, enforced by Game Industry Promotion Act of 2011, requires verification of real names and ages of users of internet game products when they join as members. In the act, this system is regarded as one of measures to prevent an excessive use of game products such as restriction on time for using game products of juveniles or giving notice to juveniles themselves and their legal representatives concerning usage details of game products. Although the system helps to effectively enforce the age-based regulation by enabling game products related business entities to collect correct information on ages of game users, there has also been criticism of the self-authentication system that it forces to collect not only too much personal information of minors but also the information of adult game users who are not targets of the measures to prevent an excessive game use. However, the Constitutional Court of Korea decided that the system is constitutional emphasizing on the necessity of self-authentication process for the enforcement of measures to prevent an excessive game use. In this decision, dissenting opinion stressed that the system might be improper threshold in using game products for minors who do not have legally permitted methods for self-authentication and that, under this system, all game users including adults would experience infringement of their rights to informational self-determination and rights to use games. As information society emerges, the big brother collecting personal information could surveil and control information subjects. So, the personal information controller shall specify and explicit the purposes for which personal information is processed and shall collect personal information lawfully and fairly to the minimum extent necessary for such purposes. Under this basic principle for protecting personal information, we can easily point out the inappropriateness of the self-authentication system which facilitates excessive collection of personal information from the stage of subscription to internet game site. In addition, as minor protection policy should concentrate on promoting development of minors accountability and rights as well as keeping minors safe against harmful environment, the system noted as infringing on basic rights of minors, such as rights to informational self-determination and rights to use games, should be considered as an improper measure to protect minors and abolished.