Permanent Ban on IDs for 'Proxy Gaming' Is Unfair

Published 23 Dec.2024 13:56(KST)

[Judgment Result]

The court ruled that it was unfair for the game company to permanently suspend a user's ID on the grounds of proxy gaming.

The Civil Division 4 of Suwon High Court (Presiding Judge Lee Je-jeong, Judges Jeong Jin-ah and Kim Dae-kwon) on the 5th dismissed Smilegate RPG Co., Ltd.'s appeal and upheld the original judgment partially in favor of Plaintiff A (represented by Attorney Lee In-hwan of Jeha Law Firm) in the case (2024Na20887) regarding the cancellation of the permanent account suspension.

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[Facts]

Since October 2018, A entered into a user agreement for the Massively Multiplayer Online Role Playing Game (MMORPG) "Lost Ark" provided by Smilegate and created his own account to generate characters and play the game. Users of this game set virtual characters within their accounts to cooperate or compete with other users' characters.

Users perform missions presented according to the game's world view using their characters. Among these, the Legion Commander Raid, which involves battles against six demon legion commanders who serve the great demon Kazeros, is highly difficult and can only be undertaken by experienced users who have developed strong characters.

In September last year, Smilegate introduced battle content in the game's world view where players hunt 'Kamen,' the most powerful of the six demon legion commanders. Over the following month, an event was held where the first ten attack squads to clear all four gates provided in this content were selected and placed on the Hall of Fame, receiving in-game rewards.

However, during the event period, suspicions arose that some users entrusted their accounts to more skilled players to play the game, so-called 'proxy gaming.'

Smilegate detected accounts suspected of achieving the event through proxy gaming, including A's account, temporarily restricted access, and provided an opportunity for explanation. A denied any proxy gaming, but Smilegate permanently suspended A's account, citing disruption of game operation as the reason.

[Claims of Both Parties]

A claimed, "I did not engage in proxy gaming, and even if I did, it is not a reason for suspension under the game operation policy or terms of use, so the permanent suspension violates the game service user agreement," and filed a lawsuit requesting the cancellation of the permanent suspension.

On the other hand, Smilegate argued, "The user violated the standards specified in the game terms of use, operation policy, and precautions, and considering the scale and importance of the event, proxy gaming is a serious violation," and insisted, "The permanent suspension is justified and cannot be considered excessive."

[Court's Judgment]

The first trial court acknowledged that A engaged in proxy gaming and that it could be considered an act that interferes with event progress under the regulations but ruled that immediately imposing a permanent suspension was unfair. The court stated, "The permanent suspension exceeds the level of sanctions that A could reasonably predict and is a sanction against the user's legitimate interests and reasonable expectations," and added, "Although proxy gaming has been pointed out as a problematic act within the game industry, Smilegate did not notify in advance that personal proxy gaming would be sanctioned in the event announcement." Furthermore, "Game users invest significant time and effort in developing their characters, and A also nurtured his account's characters for about five years, reaching the highest level in the game. Nevertheless, the permanent suspension that causes the loss of all characters built over a long period due to cheating in the event is an excessive measure compared to the degree of violation."

The appellate court also found the original judgment appropriate and dismissed Smilegate's appeal.

[Significance of the Judgment]

Attorney Lee In-hwan of Jeha Law Firm, representing A, said, "This ruling reaffirms the principle that even if a game user violates the rules, regulations beyond the terms and operating rules cannot be imposed."

Han Su-hyun, Legal News Reporter