정보통신서비스 제공자의 불법 게시물에 대한 법적 책임 - 유통방지의무에 따른 형사 책임을 중심으로 -

Abstract

The Act on Promotion of Information and Communications Network Utilization and Information Protection and Telecommunications Business Act imposed an obligation to prevent distribution of illegal postings such as defamation posts and illegally filmed material to the information and communications service providers, and to delete posts or take temporary measures at the request of the victim. If these obligations were not properly fulfilled, no direct criminal punishment was imposed on the information and communications service provider, but the Act on Promotion of Information and Communications Network Utilization and Information Protection and the Telecommunication Business Act were revised in the wake of the 'Nth Room Incident', and the duty of prevention has been strengthened, and criminal punishment can be imposed if measures necessary to prevent distribution are not taken. According to some amendments to the Act on Promotion of Information and Communications Network Utilization and Information Protection, which were announced to be legislative to regulate fake news, information and communications service providers are obliged to monitor at all times, and criminal punishment can be imposed in case of violation of these obligations. As the obligation to prevent distribution has been strengthened, criminal aiding and abetting responsibility by no-action has become more widely recognized to information and communication service providers and it is reasonable to limit criminal liability based on the possibility of access to illegal postings and rational control. It is said that the imposition of stricter duty for regular monitoring and active filtering than the United States and Germany will not only excessively restrict the freedom of business for information and communications service providers, but will also significantly infringe on freedom of the press and freedom of expression of users. The risk of arbitrary interpretation and judgment has also greatly increased by requiring information and communications service providers to take temporary measures such as blocking and deleting access before judicial judgment. Therefore, it is a time when institutional improvement is urgently required to establish self-regulatory system through media literacy education for the people, referring to the autonomous regulatory measures being implemented in other countries rather than the criminal punishment mentioned above.