헌법상 환경권에 근거한 인터넷환경 보호에 관한 고찰

Abstract

The Constitution stipulates the right to the environment, saying, “All citizens have the right to live in a healthy and comfortable environment, and the state and citizens must make efforts to preserve the environment.” The Internet environment occupies a large part of our living environment as much as the environment in the real space. The Internet environment provides us with a more convenient life beyond our imagination, and our lives are undergoing innovative changes. However, this Internet environment is full of illegal content that makes our lives unpleasant. It is one of the most important duties of the state to ensure that citizens can safely use services without being harmed in the endangered internet environment. The state should endeavor to guarantee the people the right to live in a pleasant internet environment, and therefore, it is obliged to ensure a pleasant life for the people through efforts to remove Internet pollutants. The Constitution stipulates that all citizens have the right to live in a healthy and comfortable environment, but the Framework Act on Environmental Policy only divides the environment into the natural environment and the living environment. According to the Constitution, the environmental rights regulations must be applied to the Internet environment as it is, so if people's lives are not comfortable due to the Internet environment full of illegal and harmful pollutants, the responsibility lies with the state. The environmental right can be said to be the constitutional basis that gives the legitimacy of regulation to the pollution and damage of the Internet environment. The right to Internet Environment means “the right to live in a comfortable and safe Internet environment”. To this end, the Internet Environment Protection Act needs to be enacted to declare the justification for the safety and protection of the Internet Environment, and to define the internet environment right to prevent and respond to damage in the internet environment and to promote related policies. grounds must be provided.