In recent years, the government is trying to regulate the web board games - poker, gostop etc. with the amendment of the executive order regarding the game law. The main regulation of this order is to regulate the maximum amount of betting the game as a ten thousand won per game and a hundred thousand won a day. if these are not obeyed, the gamer and game company will be punished. Therefore, these regulations need to be reviewed in terms of legal issues with a strict examination. However the regulation on the limits of betting in a game seems not to be justified with the constitutional standards - the principle of apparentness (definitude), the principle banning excessive enforcement when restricting the basic rights of people - in this case, the general human rights and liberties to act of gamers and the freedom of profession and speech of game operators(company). It is also questioned that it might infringe the essense of the legal institution of game and rights, and cause the paradox of excessive regulation.

ABSTRACT   1. 서론   2. 도박(사행행위) 규제와 게임규제    2.1 개념 구별의 필요성    2.2 규제의 본질에 대한 검토   3. 규제내용에 대한 공법적 검토    3.1 명확성 원칙    3.2 게임이용자의 기본권 : 행복추구권으로부터 파생된 일반적 행동의 자유    3.3 게임 사업자의 기본권: 직업의 자유 그리고 표현의 자유    3.4. 기본권 침해 여부에 대한 판단 : 과잉금지원칙, 본질내용침해금지원칙, 평등원칙 등   4. 결론 : 규제효율성을 위한 자율규제   참고문헌

• 김지훈(한국법제연구원 법제분석지원실장) | Ji Hoon Kim Corresponding author