게임이용장애 질병코드의 국내 수용에 관련된 법적 문제점 고찰

On May 25, 2019, the World Health Organization (WHO) included "Gaming Disorder" as a subtype of behavioral addiction in the 11th revision of the International Classification of Diseases (ICD-11) during the 72nd World Health Assembly's Committee B meeting. Gaming Disorder, assigned the disease code "6C51," was categorized alongside gambling addiction under “Disorders due to Addictive Behaviours”. Gaming Disorder is defined as a pattern of persistent or recurrent gaming behavior, either online or offline. ICD-11 went into effect in January 2022. Since the ICD has long served as an international standard in medical diagnosis and research, there is significant interest in whether Gaming Disorder will be recognized as a disease in Korea as well. However, there is ongoing debate over whether the inclusion of Gaming Disorder in ICD-11 is based on objective, evidence-based review or if it is a hasty decision influenced by the older generation's misunderstanding and prejudice against new cultural content. Additionally, there are strong concerns about the potential issues that could arise if this classification is adopted domestically. The most notable concern is that if Gaming Disorder becomes an official disease code, it might lead to excessive state regulation of gaming under the pretext of protecting public health. If policymakers adopt the view that gaming is a form of disorder, the gaming industry and gaming itself could be stigmatized as a cause of illness, resulting in stringent regulations that could significantly hinder the industry and cultural development. There are fears that the impact of classifying Gaming Disorder as a disease code could be even more detrimental to the gaming industry than the negative effects of the now-abolished mandatory shutdown system experienced over the past decade. In the absence of clear definitions, causes, and symptoms of Gaming Disorder, and with differing opinions sharply opposing each other, categorizing gaming as a disease and subjecting it to regulation may reflect a biased perspective rather than an objective and rational policy decision. Therefore, a thorough preliminary review of the disease coding of Gaming Disorder is necessary. Given the ongoing global controversy and confusion following the adoption of ICD-11, it is crucial to take sufficient time to comprehensively examine the potential issues that disease coding could cause to avoid making the same mistakes. The legal review is also essential since the disease coding of Gaming Disorder will be implemented through the amendment of the Korean Standard Classification of Diseases (KCD) by the National Statistical Office. It is vital to emphasize that the content of the ICD should only serve as a starting point for domestic discussions and not a conclusion, and that the disease coding should not violate the principles of the highest law, the Constitution, or fundamental rights. Additionally, sufficient consideration of various legal and policy issues that could arise from disease coding is necessary in the legal review process of the Gaming Disorder disease coding controversy.