정보통신망 이용촉진 및 정보보호 등에 관한 법률상 임시조치제도에 관한 연구

Abstract

This paper examines the problem of act on promotion of information and communications network utilization and information protection, etc(hereinafter referred to as “the act of information and communications network”) particularly of temporary measures system. My aim is to highlight several aspects of protecting the fundamental rights(freedom of expression) on the internet. According to the act of information and communications network “Article 44-2 (1) Where informaton provided through an information and communications network purposely to make it public intrudes on other person’s privacy, defames other persons, or violates other presons’ right otherwise, the victim of such violation may request the provider of information and communications services who handled the information to delete the information or publish a rebuttable statement, presenting it materials supporting the alleged violation. (2) A provider of information and communications services shall, upon receving a request for deletion or rebuttal of the information under paragraph (1), delete the information, take a temporary measure, or any other necessary measure, and shall notify the applicant and the publisher of the information immediately. In such cases, the provider of information and communications services shall make it known to users that it has taken necessary measures by posting a public notice on the relevant open message board ir in any other way. (4) A provide of information and communications services may, if it is difficult to judge whether information violates any right or it is anticipated that there will probably be a dispute between interested parties, take a measure to block access to the information temporarily, irrespective of a request for deletion of the information under paragraph (1). In such cases, the period of time for the temporary measure shall not exceed 30 days. (5) Every provider of information and communications services shall clearly state the details, procedure, and other matters concerning necessary measures in its standardized agreement in advance. Article 44-3 (1) A provider of information and communications services may, if it finds that information circulated through the information and communications network operated and menaged by it intrudes on someone’s privacy, defames someone, or violates someone’s rights, take temporary measures at its discertion.” Internet service providers(ISPs) were granted a temporary measure by the act of information and communications network. But granted a temporary measure in the private sector that is the problem. Because it is apprehended that ISPs could infringe on civil’s freedom of expression. Therefore in connection with this issue, I wish to address protecion system of civil’s freedom of expression on internet relating to temporary measures of the act of information and communications network. There is solution of above problems to is to grant a public sector(Korea Communication Standards Commission) a temporary measure by the act of information and communications network.