OSP 그리고 청소년 이용자 보호 현황과 문제점

Abstract

Korea is one of the best developed countries in relation to Internet. Because of this circumstance, there are so many acts in regard to Internet. Acts with reference to obligations of OSP (Online Service Provider) is no exception. In this paper, the following contents are introduced and analyzed regarding obligations of OSP and juvenile user protection. First, it is attempted to answer the question as to who is an online service provider, or what is commonly known as “OSP”, and to examine and compile the obligations of OSP regarding protection of juvenile users. For the attempt, Copyright ACT and APCS (ACT on the protection of children and juveniles against sexual abuse.) are compared: The OSP is considered as a Intermediary in Copyright ACT. But the meaning about the OSP in APCS is extended to the telecommunications business operators and to other persons who provide information. As well as the argument and discussion about the theme why the obligations are given to the OSP are introduced. Second, definitions of ‘youth’ and comparable legal terms are offered (e.g. Minor) and compared. Third, problems of the status of juvenile user protection are pointed out as follows: - In so-called "Shutdown system" according to Article 26 JPA, although the case of CCK (constitutional court of Korea) exists, there is a possibility of unconstitutional. - Although the case of CCK exists, there is still a constitutional problem because the identification method is very difficult. - "media product harmful to juveniles" according to Article 2 No. 3 JPA is not identical with the advertising for "media product harmful to juveniles". This means the advertising for "media product harmful to juveniles" could be not harmful to juveniles. - Acts in Korea impose too many obligations to OSP who is not the direct perpetrators. - "The person responsible for protection of juvenile" according to Article 42-3 APP is not independent, because he has been affiliated with the OSP.