게임 스트리머의 법적 지위에 관한 고찰 - ‘플랫폼 종속형 창작자’ 개념을 중심으로 -

초록

With the rapid expansion of digital platforms, the environment in which individuals produce and distribute content has grown significantly, and game streamers have emerged as a new type of creative actor. However, within the existing legal framework, game streamers are difficult to clearly categorize as either “workers” or “self-employed individuals.” As a result, their legal status remains unstable, giving rise to legal uncertainty in areas such as copyright, revenue distribution, and the scope of platform responsibility. In particular, the structure in which streamers’ income and the continuity of their activities are directly affected by platform policy changes and algorithmic operations cannot be adequately explained through traditional labor contract relationships. Against this backdrop, this study conceptualizes game streamers not merely as content users or producers, but as creative actors operating within a platform-dependent structure. To this end, the study proposes the concept of the “platform-dependent creator” and examines the legal status of game streamers and the necessity of legal protection from this perspective. To achieve this, the study reviews the legal status of game streamers under the current legal system, including general laws and the Culture and Arts Promotion Act, and clarifies the creative nature of game streaming activities and their dependence on digital platforms. In addition, the study analyzes the technical and managerial duties of platform operators in response to various forms of harm arising in digital platform environments, such as cyberbullying, stalking, and DDoS attacks, and further argues that game companies should also bear a certain degree of responsibility in maintaining the safety and fairness of the streaming environment. These discussions go beyond emphasizing the moral responsibility of platforms and suggest the need to institutionally clarify the managerial responsibilities of platform operators and the licensing framework surrounding content use. By focusing on game streamers, this study seeks to reconstruct the legal protection framework for digital creators and aims to serve as a starting point for broader legal discussions on platform-dependent creators in the future.

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