미성년자의 게임비용 결제와 환불에 관한 법률문제

Abstract

Limitation on maximum transaction amount or restriction on transaction with a specific person (minor) with regard to the use of online game service and the purchase of an item in order to protect minors indicates that it is an action of accepting exceptions for the principle of private autonomy such as the liberty of contract, and deliberation is necessary for the need of restriction or the degree and range of restriction because it may be evaluated as a serious offense against the dominant principle of the Civil Act if its legal rationality is not recognized. In this study, it was examined how a legislative conflict between the protection system of a person with limited legal ability under the Civil Act, principle of private autonomy, and other acts related to each game industry which are applied when a party to a transaction is a minor was interpreted and mediated. With regard to identifying whether the person who made an actual payment is a minor among the legal issues related to the payment for game usage by a minor, it is practically difficult to distinguish such fact, but it is necessary for a service provider to bear the duty to take certain cautions by technically verifying the user based on a person registered or monitoring an abnormal transaction pattern. In terms of applying the regulation on a person with limited legal ability under the Civil Act to a minor’s act of making a payment while using an online game, it was confirmed that it was necessary to consider the distinct characteristics of non-facing transaction, which is different from general off-line transaction, when applying the right of revocation for a reason of no approval from the legal representative for the protection of a person with limited legal ability, its effect, and the opponent protection system, etc. Most of all, if a minor cancels the act of using an online game, it is unrealistic to specify the existing profit and it is also difficult to consider that any property value remains, so there is no profit to return. It was considered that such distinct characteristics are also applied to the game service provider who is the other party to a transaction with the minor, and it was necessary to interpret differently for the application of the existing system by considering such fact.