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

P2E game permissibility and virtual asset regulation in Korea - Focusing on Korea P2E game cases and reviewing legislative precedents -

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.

키워드

P2E gamesvirtual assetsSREN ActEU MiCA ActVirtual Asset User Protection ActNFTstokensEthereumcryptocurrencycryptocurrencycryptocurrencymeandering gamesFiveStars caseThree Kingdom Infinite Breakthrough caseP2E games allowedoffering premiumsGame Industry ActP2E게임가상자산SREN법EU MiCA법가상자산이용자보호법NFT토큰이더리움가상화폐암호화폐사행성 게임물파이브스타즈사건무한돌파삼국지사건P2E게임 허용경품제공게임산업법사행행위규제법
제목
국내 P2E 게임 허용 가능성과 가상자산 규제 방안 -EU Mica법, 프랑스 SREN, 우리나라 가상자산이용자보호법 -
제목 (타언어)
P2E game permissibility and virtual asset regulation in Korea - Focusing on Korea P2E game cases and reviewing legislative precedents -
저자
신세리홍선기
DOI
10.15335/GLR.2024.17.2.007
발행일
2024-07
저널명
가천법학
17
2
페이지
221 ~ 254