게임이용자의 헌법적 권리 정립과 게임이용장애 질병코드지정의 관계

This article examines the constitutional discourse on game regulations in Korea and how they were justified constitutionally through the lenses of the Game Shutdown decision and the Game Real Name Law decision. It then predicts the impact that assignment of the disease code on gaming disorder will have on the future constitutional discourse. Korean game regulations have been justified constitutionally because game users’ constitutional rights to free speech and their right to access to cultural contents were not recognized while only the game makers’ right to produce and distribute games were recognized. The failure to recognize such right is closely related to the stigma attached to gaming itself, which makes intensive gaming as only negatively, treating excessive reading or studying differently when the latter also interferes with ordinary daily life activities. Chapter I examines the anatomy of the Game Shutdown decision and the Game Real Name Law decision to confirm the findings above, Chapter II argues that gamers’ constitutional right to access to gaming contents must be recognized, together with an exposition of the latest Oxford University’s research which shows that gaming is not a “pull” factor and therefore excessive gaming is an incidental result of other dissatisfactions that youths suffer, and questions the wisdom of treating gaming qualitatively differently from other pastime activities that youths engage in to address the dissatisfactions. and Chapter III discusses the impact of the gaming order disease code on the future discourse.