Game Shutdown
The Constitutional Court judged that the restriction on online games played by adolescents at night, the so-called Game Shutdown System, is constitutional.
On April 24, the court deliberated on a constitutional appeal regarding Article 26 of the Juvenile Protection Act, which bans nighttime access to online game sites by those aged less than 16, and the 59th penalty clause of the same act. Seven out of the nine judges were in favor of the act.
“The prohibition of nighttime access is not deemed to be excessive in view of the side-effects of online game addiction, which has not been properly controlled in many cases,” said the court, adding, “The forced Shutdown System limited to online games can be considered rational enough, because Internet games are available anytime and anywhere if information networks are provided and are likely to result in an extended period of use.”
It also explained, “Although it is said that Korean game companies are subject to reverse discrimination due to the non-application of the law to foreign companies, the prohibition clause holds the same effect on any regularly classified and distributed Internet game, whether domestic or imported, and therefore the act does not violate the right to equality.”
According to Article 26 of the Juvenile Protection Act, Internet game providers such as game websites are prohibited from providing an Internet game for those aged 16 or less between midnight and 6:00a.m. Article 59 stipulates that those who violate it are subject to up to two years in prison or a fine of up to 10 million won (US$9,603). The act passed the National Assembly and was proclaimed in May 2011. Then, game developers filed a constitutional appeal, claiming that it constituted over-regulation.