제3자의 게시물로 인한 인터넷 종합정보제공사업자의 불법행위책임 -대법원 2009. 4. 16. 선고 2008다53812 전원합의체 판결-

Abstract

Many of netizens are write on the cyber space, which is made in Internet Total Information Providers. Therefore, Internet Total Information Providers be responsible for tort liability from defamation of character by netizens. The Supreme Court, in this case is propose legal ground and limit of the tort liability from violation of Internet Total Information Providers. It was the first Supreme Court ruling. The original ruling is application in the Article 3, Section 760 Civil Code in the joint tort. It is demand the deliberate or negligence, illegality, responsibility, a causal relationship. However, this construction is not appropriateto the purpose of legislation and the ground of legislation in Article3, Section 760 Civil Code. This regulation in not be careful provision but special provision in the Korea Civil Code. For that reason, a joint tort by aid and abet need not relations Korea Civil Code. For that reason, a joint tort by aid and abet need not relations joint. majority opinion of the Supreme Court ruling be resolved about the tort liability of Internet Total Information Providers by illegality writing of the third party. This construction is not appropriate to the privacy protection. another opinion of the Supreme Court ruling insist freedom of expression on the constitutional right. This opinion is propose a new standard of the construction of law, which is obvious existenced anger. But, I think this opinionis wrong in construction of law.