지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2005.12
- 수록면
- 11 - 166 (157page)
이용수
초록· 키워드
오류제보하기
The cyberspace was different from existing one-way and fragmental media to make the most participating market and to function as a speech-enhancing medium. However, the features of cyberspace created unexpected social problems.
This study examined not only expression act that was originated from freedom of expression at cyberspace but also associated infringement on legal benefit, and it systematically investigated legal problems of the controls by conflicts of basic rights. And, the study investigated what current criminal laws regulated against infringement on legal benefit caused by expression act, and it suggested appropriateness and improvements.
The infringement on others' honorary rights at cyberspace had problems of deformation of character as well as contempt as that of the real world had. Therefore, applications of not only honor related crime of Article 307 of the Criminal Law but also deformation of character of Article 61 of the Law of Information and Communication Network should be investigated. The reasons of special illegality of Article 310 of the Criminal Law could function as a tool of harmonious solving at the conflict of basic rights such as freedom of expressions as well as honorary rights. Therefore, presentation of true facts for public benefits could not be punished. Wide acknowledgement of scope of public benefits might relatively reduce scope of punishment on deformation act of character.
ISP could not be responsible for principal offence of crimes. However, aiding and abetting of omission might have problems because of negligence of criminal act that occurred at the media controlled. ISP could not continuously inspect all of writings having deformation of character at cyberspace considering features of Internet because of enormous information quantity and technical difficulties. Therefore, ISP's control and deletion obligation should be decided individually and concretely depending upon each case.
Lastly, the study examined special problems at cyberspace. At first, the subject of honor and act of ID could not be generally acknowledged because honorary rights belonged to position of social life. Online parody fabricated his or her opinions to describe other objects or expressed abstract values and judgment to be difficult to apply contempt.
And, the deformation of character on Internet newspapers had different applicable laws and regulations and punishment because transmission media were different despite of having same contents as those of paper newspapers. Therefore, the Law of Information and Communication Network should be applied to deformation of character created by publications to find out legal improvements. And, there were problems of certification and Internet real-name system. The Internet real-name system was difficult to be compatible with freedom of expressions. Therefore, Internet bulletin board of public organizations having sound legal basis might consider real-name system in affirmative way, but it required careful attitude to apply it to common bulletin boards. Furthermore, Internet real-name system could be a means of other crimes that might infringe private information.
The study suggested to review again the existence of Article 61 of the Law of Information and Communication. The article 61 of the Law of Information and Communication had an aggravated punishment clause to consider special situation of cyberspace: However, honor related crimes were subject to exhibition in accordance with the Criminal Law, so that the examination of an offense should consider actual and real exhibition and the existence of exhibition could not be a basis of aggravation of legal punishment.
This study examined not only expression act that was originated from freedom of expression at cyberspace but also associated infringement on legal benefit, and it systematically investigated legal problems of the controls by conflicts of basic rights. And, the study investigated what current criminal laws regulated against infringement on legal benefit caused by expression act, and it suggested appropriateness and improvements.
The infringement on others' honorary rights at cyberspace had problems of deformation of character as well as contempt as that of the real world had. Therefore, applications of not only honor related crime of Article 307 of the Criminal Law but also deformation of character of Article 61 of the Law of Information and Communication Network should be investigated. The reasons of special illegality of Article 310 of the Criminal Law could function as a tool of harmonious solving at the conflict of basic rights such as freedom of expressions as well as honorary rights. Therefore, presentation of true facts for public benefits could not be punished. Wide acknowledgement of scope of public benefits might relatively reduce scope of punishment on deformation act of character.
ISP could not be responsible for principal offence of crimes. However, aiding and abetting of omission might have problems because of negligence of criminal act that occurred at the media controlled. ISP could not continuously inspect all of writings having deformation of character at cyberspace considering features of Internet because of enormous information quantity and technical difficulties. Therefore, ISP's control and deletion obligation should be decided individually and concretely depending upon each case.
Lastly, the study examined special problems at cyberspace. At first, the subject of honor and act of ID could not be generally acknowledged because honorary rights belonged to position of social life. Online parody fabricated his or her opinions to describe other objects or expressed abstract values and judgment to be difficult to apply contempt.
And, the deformation of character on Internet newspapers had different applicable laws and regulations and punishment because transmission media were different despite of having same contents as those of paper newspapers. Therefore, the Law of Information and Communication Network should be applied to deformation of character created by publications to find out legal improvements. And, there were problems of certification and Internet real-name system. The Internet real-name system was difficult to be compatible with freedom of expressions. Therefore, Internet bulletin board of public organizations having sound legal basis might consider real-name system in affirmative way, but it required careful attitude to apply it to common bulletin boards. Furthermore, Internet real-name system could be a means of other crimes that might infringe private information.
The study suggested to review again the existence of Article 61 of the Law of Information and Communication. The article 61 of the Law of Information and Communication had an aggravated punishment clause to consider special situation of cyberspace: However, honor related crimes were subject to exhibition in accordance with the Criminal Law, so that the examination of an offense should consider actual and real exhibition and the existence of exhibition could not be a basis of aggravation of legal punishment.
목차
국문요약
제1장 서론
제2장 사이버공간에서의 표현행위
제3장 각국의 입법례
제4장 사이버공간에서의 명예훼손
제5장 사이버공간에서의 특수문제
제6장 결론
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UCI(KEPA) : I410-ECN-0101-2012-364-003834577