중국 온라인게임 가상재산권의 귀속에 관한 법률적 분석

초록

With the rapid advancement of digital technology in the 21st century, an increasing number of individuals are participating in online games. This trend has led to a surge in disputes concerning virtual property in online games. The most pressing issue is the determination of ownership of such virtual assets. This problem arises from the unique nature of virtual property and the absence of clear legal regulation. Currently, inconsistent judicial decisions in similar cases severely undermine the legal rights and interests of the parties involved. From a jurisprudential perspective, this paper seeks to address the ownership attribution of virtual property in online games through the lenses of the theory of substantive equality and the theory of distributive justice in data property rights. It is proposed that during the development phase, ownership should reside with the game company, but once users begin participating in the game, ownership should be transferred to them. At the same time, the game company should retain a certain degree of punitive authority to prevent abuse of ownership by users. Furthermore, this paper analyzes the relevant legal provisions and academic consensus in South Korea and, based on the differing socio-ideological contexts of China and South Korea, offers a rational framework for the distribution of ownership of virtual property in online games.

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