디지털 시대의 상속권과 잊혀질 권리

Abstract

Now a days, there are various opinions about the ownership of the death person’s Digital Information; email, SNS, website, cafe, etc. This is a controversial issue whether these item’s of death persons are able to be inherited or not. According to Article Civil Code Article 1005 regulated a personal nature, it is only the matter of between the death person and ISP, not inheritance. Rather providing information about the death person is could be a violation of the Privacy Act and the Information and Communication Network Act. However, recently some opinions say it is possible to inherit Digital Information according to recognition of Properties or a principle of Quasi-possession. And they note that the family want to access to Digital Information of the dead person. This thesis suggested the possibility of interpretation and application in accordance with the rules on the Civil Law according to kinds and character of Digital Information. It could be inherited that Digital Information based on Property value same as cyber money, contents, copy rights or etc, but private information, digital account, log or etc not. Meanwhile, this thesis organize the family’s own rights; the Right of Access for searching digital Information of the dead person and the Right of Management for on-line memorial space. And it is related to the issue of the dead person’s rights about informational autonomy and to be forgotten, and should be considered along with the issue of ISP's privacy duties and management rights.