사이버공간에서의 명예훼손죄

Abstract

This paper deals with one of the most critical questions in cyberspace. According to the development of internet, in particular, libel is common crime in cyberspace. This legal interpretation is in line with Article 307 and 308 of the korea penal code. and so, this paper interprets the practical view of the Article 309 of the penal code includes internet, suggesting the Article revised cover libel in cyberspace. And the Article 310 of the korea penal code provides an affirmative defense to prosecutions under Article 307 and 309. The criminal responsibility of ISP as an actor by non-feasance is debate. when the ISP is lib디 for the internet libel is examined. Especially, considering both the freedom of expression and order of cyberspace, this paper suggests 'good samarian principle' to ISP should be limited.