The article 18 of game review regulation has some problems related to mandate of upper law; it violates the limit of mandate of upper law and judicial power. The article 2 of Game industry promotion law defines the concept of ‘gambling behavior’. But the article 18 of game review regulation includes behaviors which are not included in the article 2 to regulate them. Court should have the power to interpret which is ‘gambling behavior’ or not; according to the article 18 of game review regulation, the game rating board has the power to interpret which is ‘gambling behavior’ or not. According to the revision of Game industry promotion law, rating rejection to the violation of Game industry promotion law is possible. Minor violation of law as to business regulation should not be considered as the reason of rating rejection. Therefore, The revision of game law has probability of violating Constitution principle such as proportion rule.

ABSTRACT   1. 서론   2. 게임법상 등급분류 거부제도    2.1 제도의 취지    2.2 제도의 운영    2.3. 입법론상 유사개념   3. 게임물등급위원회 심의규정상 사행성게임물 확인기준의 위헌성    3.1. 게임물등급위원회 심의규정    3.2. 위임입법한계의 일탈여부   4. 게임법 제21조 제7항의 개정과 사행성게임물 확인기준    4.1. 게임법 개정    4.2. 위임입법한계 일탈의 여부 검토   5. 게임법 제22조 제2항의 개정과 등급분류거부의 위헌성    5.1. 게임법 개정    5.2. 개정조항 중 “이 법에 의하여 규제또는 처벌대상이 되는…”의 의미    5.3. 위헌성 여부 검토   6. 게임법 개정의 입법절차상의 문제점   7. 결론   감사의 글   참고문헌

• 문기탁(성신여자대학교 법과대학 교수) | Ki Tak Mun Corresponding author