This study challenges constitutional problems of the identification regulation on online web-board Games, which is about to be reviewed by Ministry of Government Legislation. The regulation comprises imposition of duty for online web-board game publisher to identify every game user whenever the game user plays or accesses the online web-board game. The regulation is deemed to be unconstitutional because 1) it is not an effective mean to prevent online web-board game from being misused as gambling 2) it violates free speech right, right on personal information as well as privacy. As the Constitutional Court of Korea has already decided that internet real-name system, which imposed identification duty online bulletin board, is unconstitutional, any regulator or legislator should not use identification regulation without eliminating its unconstitutionality.

ABSTRACT   1. 서론   2. 게임산업법 시행령 일부개정령안중 매회 본인인증 규제 내용    2.1 개정안 바목 매회 본인인증 규제 내용    2.2 제안이유   3. 본인인증의 의의 및 타 본인인증규제와의 비교    3.1 본인확인의 의의    3.2 청소년보호법상 본인인증과의 비교    3.3 게임산업법상 본인인증과의 비교   4. 웹보드게임의 법적성질   5. 매회본인인증 규제에 대한 헌법적 검토    5.1 제한되는 기본권    5.2 과잉금지원칙 위배여부   6. 결론   참고문헌

• 박지환(법무법인 나눔) | Ji Hwan Park Corresponding author