도박문제예방 등 관련 법제도 개선 연구 - 도박에 대한 한국과 독일의 비교법 연구를 중심으로 -

초록

In Korea, gambling is principally prohibited under Article 246 of the Criminal Act, but certain gambling-related industries—such as sports betting (“Sports Toto”), lotteries, horse racing, and casinos—are exceptionally legalized through special legislation when recognized as serving public purposes, such as tourism or sports promotion. In contrast, Germany allows private gambling in principle and regulates the gambling sector through a unified framework established by the Interstate Treaty on Gambling (Glücksspielstaatsvertrag). In 2021, Germany founded the Joint Gambling Authority of the Federal States (Gemeinsame Glücksspielbehörde der Länder, GGL) to centralize the licensing and supervision of both online and offline gambling activities. A core regulatory tool under this framework is the self-exclusion system, which mandates all licensed operators and users—including third parties—to participate in the national exclusion registry (OASIS), enabling exclusion from gambling for a minimum of three months to prevent gambling addiction. In terms of advertising, Germany strictly restricts gambling-related advertisements through Article 5 of the Treaty, setting explicit standards concerning the protection of minors, prohibition of misleading content, and limitations by media type and time slot. By comparison, Korea regulates gambling advertisements through the Outdoor Advertising Act, broadcasting standards, and industry-specific legislation, while also employing a self-regulatory review system. However, the Korean framework remains relatively limited in clarity and enforcement structure. This study compares the legal and institutional approaches of Korea and Germany, identifying structural differences and proposing improvements to Korea's gambling regulation framework. Key areas addressed include the legal foundation for self-exclusion, the ambiguity of advertising regulations, and fragmented supervisory authority. Drawing from the German case, this paper highlights the potential benefits of adopting an integrated and preventive regulatory model. It concludes by suggesting legal institutionalization of self-exclusion systems and clarification of advertising standards in Korea. These institutional enhancements may help transition the Korean model from a predominantly punitive framework toward a more preventive regime, thereby contributing to the reduction of gambling-related social harms and the establishment of a more responsible gambling environment.

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