온라인게임 계정거래의 정보통신망법 위반에 대한 검토

Abstract

Recently, the Supreme Court decided that a person who had sold his account of Online Game to others is not guilty when he changed the password of that account because he has an entire right to access that account and the buyer has not legal rights from the online game service provider's view. Online game service providers prohibit the account trade at their End User License Agreements(EULA) and Terms of Service(TOS). But even if the buyer access that account with seller's ID and password from trading account of online game, the access itself is not the infringement of the article 48 ① of the Act on Promotion of Information and Communications Network Utiliztion and Information Protection, ETC(Any person shall be prohibited from infiltrating into information and communications network without any justifiable access right or beyond his permitted access right.)Though accounts trading is prohibited from EULA of online game, the effect of EULA is valid to game user and service provider. The trading is a valid contract to the party concerned and the right to access is moved to the buyer entirely. Furthermore, the 'information of others' in the article 49 of the Act on Promotion of Information and Communications Network Utiliztion and Information Protection, ETC is to be interpreted from the legality to access to the information not to the network of information service. Thus if the person who made account first in online game changed this password after handing over his account,he violates his contract because he blocked the buyer's use of account including change of password, playing games, etc. So, I think his behavior changing password after moving his account to buyer comes under article 49 of the the Act on Promotion of Information and Communications Network Utiliztion and Information Protection, ETC.