국내 P2E 게임 허용 가능성과 가상자산 규제 방안 -EU Mica법, 프랑스 SREN, 우리나라 가상자산이용자보호법 -

초록

P2E (Play-to-Earn) games are a type of game that allows game users to earn money by acquiring items, NFTs, and virtual assets (tokens) through games, unlike traditional games. In 2023, a case law related to P2E games was finalized in Korea, and as a result, unlike overseas, P2E games are completely banned in Korea. As has been consistently criticized in previous studies, it is misleading to conflate the use of virtual assets in P2E games with the speculative aspect of virtual assets, and to immediately judge P2E games as gambling games. As a result of a careful review of the process of NFTization of items and utilization of in-game tokens in P2E games, in addition to the legal issues identified in previous studies, we found new issues such as the possibility of eliminating the chance nature of P2E games, the essential difference (expectation value) between meandering games and P2E games, and the separation of P2E games and virtual assets. Accordingly, this article critically reviews the two recent cases that led to the ban on P2E games in Korea, summarizes the previous research on P2E games in Korea, and discusses the possibility of allowing P2E games in Korea in the future by looking at the EU's MiCA Act, which is the basis of the Korean Virtual Asset User Protection Act, and the French SREN Act.

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