잊힐 권리의 논의와 관련한 형사법적 소고 - 정보통신망법상 명예훼손 및 임시조치와의 관계를 중심으로 -
A Criminal Study on Discussions related to the Right to be Forgotten - Focused on Discussions about the Defamation and the Temporary Blinding of Posts by ISP on the Information & Communications Network Act -
- 발행
- 2016 등록KCI API에는 발행일 항목이 없어 원문 등록일을 쓰고 있습니다. 실측으로 발행보다 최대 6년 늦습니다 — 재수집하면 발행연월로 바뀝니다.
- 소속·발행
- 중앙대학교
- 출처
- 국내 KCI
- DOI
- 10.22853/caujls.2016.40.2.365
- 원문
- 원문 보기 ↗
개념
키워드
잊힐 권리, 명예훼손, 임시조치, 가이드라인, 접근배제요청권, Right to be Forgotten, Defamation, Temporary Blinding of Posts, Guideline, Right to exclude access
초록
Recently entering a new era of digital mobile, concerns have actively led to how far the legal rights related to the posting contained information which has a person published as well as various articles and photographs posted by the person could be admitted. Offline/Online boundaries are blurred in media resources contained information that defines the personal life, so we met more complicated situation to determine individual rights for online posting. In the early Internet era, freedom of expression was a big buzzword, but now attention has been paid to the right to be forgotten on the Internet as sea of information.
 The Republic of Korea has already a well-structured meshes of the law than abroad to remedy the personal rights and defamation by law such as Article 21 paragraph 4 of the Constitution, Article 70 of the Information & Communications Network Act, Article 307 of Criminal Law ‘Defamation’ and Article 309 ‘Libel by set of publications’, and Article 311 ‘Contempt’, Provisions of civil defamation damages, the Press Arbitration Act, the Public Official Election Act, the deliberations of the Korea Communications Standards Commission, and Supreme Court’s Preceden