Institution such as law is not a substantial framework based on its seemingly inherent nature of universality and fundamentality regardless of social change, but is subject to be change according to the social changes and also tends to be reconstitute...
Institution such as law is not a substantial framework based on its seemingly inherent nature of universality and fundamentality regardless of social change, but is subject to be change according to the social changes and also tends to be reconstituted as a new norm by the changes and conflicts of the social values of the time. That is to say, it is the procedure and output through institutionalization, reproduction and systematization of social value and symbol, during of which dominant discourse is materialized as an institution through the fierce competition among various inter-conflicting discourses.
This study, among other issues in cultural industry that has showed spike growth since 1990, analyzes the legislative process of the ‘Time based Regulation on the game usage’ that has raised furious cons-and-pro arguments while various parties from different arenas involved and many type of bills were proposed as such.
Legislative process for the ‘Time based Regulation on the game usage’, namely, ‘Shutdown System’ was a dynamic process that showed how the various parties from legislation, administration and civil society areas take advantage of the present opportunity on them, and how to mobilize resources to justify their own objective, and subsequently to secure external supportive powers.
This study categorized the period of time for analysis as 3 phases as following from 2004 when the term ‘Shutdown System’ was firstly proposed to the 2011 when JUVENILE PROTECTION ACT was finally amended to include the compulsive Shutdown System;
1) 1st Phase: 1st Agenda-setting and movement terrain formation (2004~2005) : initiative for Shutdown system was firstly proposed;
2) 2nd Phase: 2nd Agenda setting & Hegemony taking competition in movement politics area (2006~ May of 2010)
3) 3rd Phase: Hegemony taking competition for legislation within institutional politics area (May of 2010~April of 2011): until the completion of the amendment Shutdown System related Act(Juvenile Protection Law)
This study, firstly, analyzes how the major political opportunity structure (policy directive of the government, roles and structure of the governance, and existence of supportive power in legislative sector) and social opportunity structure (public interest or preference in discourse competence environment, social awareness to the Game, and existence of any game related social instances) have been changed for the times of its each 3 phase. In addition, it also reviewed, in each phase, how the major parties were divided in cons-and-pro terrain, and how they acts as independently or in alliance with other entities, what kinds of resource mobilizing strategy they pursue, and how they compose their insists into the discourse and frame for securing wider support from the society.
Each phase are characterized as following.
In the 1st phase, initiative for the introduction of shutdown System raised around certain civil entities which were favor of the system, however, these did not pursue of aggressive resources mobilization strategy, consequently they failed to secure adequate supportive powers while public opinion onto the execution of Shutdown System was not intensive as much in this phase. Although they succeeded in propose a bill, eventually they failed to establish the legislative legitimacy overall due to the raised question on the conformity between ends and means and juridical validity of their desired institution.
In 2nd phase, unlike previous years, public interest on Shutdown System within the institutional politics has been raised prominently to be seen by the fact that many bills related to the prevention of game addiction had been proposed. In the discourse competence environment, public interest on the game addiction was increased, and moreover, the negative awareness to the game came to be widespread as well, under which atmosphere the parties in pro-shutdown movement terrain tried to extended alliance with more of civil entities that have interests in physical and mental health of juvenile. Eventually, they succeed in composing a single organizational structure (People's solidarity for children health), under which they begun to start using resource mobilization strategy such as public statement and legislative petition. On the other hand, the Anti-shutdown side failed to build up alliance with related entities so that it could not but to make weaker endeavor to mobilize adequate resources.
3rd phase was the period of time that the competence for the hegemony taking between cons-and-pros materialized most severe while bills for Shutdown System was submitted to national assembly for assessment. Conflicts between the related Ministries (Ministry of culture, sports and tourism (MCST) & Ministry of Gender Equality and Family (MOGEF) have come to reach its peak and as severe as it demands arbitration by the Office of the Precedent and Prime Minister’s Office. Also in movement politics area, related civil entities compete each other intensely in recourse mobilizing activity for securing external supportive power. Cons-and-pros were collided also in the Press & media area so that the Shutdown related news articles release increased much more than before, while the battle of the cons-and pros moved to the legislative sector (National assembly). While the Shutdown System related enactment (Amendment to the JUVENILE PROTECTION ACT) handed to the National assembly for assessment, the major battle field was shift to the institutional politics (National assembly and administrational ministries arena). During the actual legislative process, certain articles and clause of the Act that gave rise to conflicts between the parties made conclusion but by political compromise not by the agreement based on reasonable basis. Consequently, Shutdown system was integrated in the Amendment of Juvenile Protection Act in 27th of April, 2011 and now is on its effect hereinafter.
From the analysis for the each phase above, this study has led to provide implication as following.
In terms of political opportunity structure, each related governance entities, MCST on behalf of game industry and MOGEF on behalf of Juvenile policy, showed different degree of endeavor for hegemony taking for the enactment as much as the Showdown System involved to its ministry’s priority in tasks and roles. In addition, Policy directive of the government definitely acted as a factor that influences on the legislation, however, its influence tended to be diluted with the social opportunity factor such as the direction or degree of social discourse competence of each side. For the phase 1 where the effort for the promotion of game industry by government was very high, the policy directive of government influenced on the proposed legislation adversely, however, for the phase 2 & 3, on the other hand, it failed to act as a persuasive ground for anti-shutdown system, while social interests and supports to the showdown system had been increased. Meanwhile, interest and support within the legislative sector acted as a decisive factor that influenced the result of the legislation, in particular, existence of member of national assembly or related standing committee who strongly supported the shutdown system also was proven to be a major factor that affected the final consequence.
In terms of social opportunity structure, the interest and support to the discourse competing environment had different degree of influence on different stage of legislation (Bill proposal → assessment of legislation’s validity → drafting specific article and clause to related Act). That is to say, social opinions act importantly to secure legitimacy of the legislation in the early stage that discuss the validity or need of the act, however, as it goes to the latter stage where the discussion was more focused on the specific contents of the Act considered, political compromise among the parties were more prominent stimulus to the enactment rather than the push by the effect of social discourse aspect. This pattern that different influence of the structural factors on different stages can be seen in the different effects of resource mobilization strategy to the different legislative process similarly.
The period that activities and resource mobilization by of each cons-and-pros movement terrain are applied to actual legislation process was the earlier stage of the legislation when the legislation’s object and need was discussed, and before the conflicts on specific contents(draft of the Act) regarding Shutdown system were collided. However, in the period that argument was shifted to the scope and target of Shutdown System in more practical level, although anti-shutdown side actively mobilized resources in many ways, it failed to cause any change to come compared to earlier stage.
Meantime, by analysis of the relation between the disposition of the parties evolved and final enactment result, this study tried to track down some effective factors that enable the movement politics to be applied to institutional politics. The implication is that pro-shutdown terrains’ single issue demand by formulating a centralized alliance organization for juvenile protection was more effective mean to build up favorable social opinions than the other terrain’s multi-issue demand such as juridical analysis or effectiveness of the Act by diffused entities.
This study also analyzes the characteristics of the discourse strategy in both sides and implies that how the discourse should be composed to be more persuasive in legislative process. For the discourse to be advantageous to take hegemony among mutually oppositive discourse and frame, the orientation of the discourse should approach to take hegemony rather in terms of normative desirability or political validity than normative desirability in success of the applicable legislation desired.
Legislative process is a procedure of deducting an appropriate institutional conclusion through collecting and discussing various views and opinions in a way that is reasonable in procedure and substantial rationality and democratic. In short, it is the process of reaching to a democratic agreement on the socially diverse and inter-oppositive ideas. Enactment procedure of Shutdown System also could be understood as a public spear of the involved parties and their discussion for democracy. However, as this study indicated, it does not seem that the legislative process of Shutdown System was not sufficient to fully provide the function of public spear for discussion since there were competence of various insists of the parties that were inherently hardly to be agreed and conflicting, consequently, they came to conclusion not by mutual understandings and agreements by the use of supreme status or through mere compromise.
In this perspective, this study is also meaningful as an empirical research analyzed by agonistic pluralism that focuses on the meaning of democracy in collision and expression of inter-oppositive ideas and opinions since this study shows a different perspectives onto the personal right and social order and such diverse and mutually exclusive interpretations, and acceptance and extension of such different views and disparity.