인격적 가치 있는 온라인 디지털정보의 상속성

Abstract

Issues of if the family of the deceased can exert a right over online digital information left by the deceased, such as email, SNS, blog and comment etc. are raised. The most controversial issue, especially, is whether the family of a decedent can inherit the online digital information of the decedent by succession law or not. Following is the conclusion of the research on the inheritance of online digital information. ① Among online digital information left by a decedent, one with property values can belongs to inheritors by inheritance. ② Since online digital information and personal information as a personal right are not properties and can be considered as personal nature under Korean Civil Code Article 1005, it is hard to admit the legal inheritance. ③ Even assuming inheritance is granted by amendment of Korean Civil Code or new legislation, due to its character, succession law is not applicable except management of inherited property and distribution of inherited property at nonexistence of inheritor. ④ Therefore, giving control right of online digital information with personal right value and personal right of the deceased to inheritors through succession legal system is not a desirable way of protecting the personal trace of the deceased. ⑤ To protect personal trace of the deceased left for people around him, it is proper to establish a regulation to grant control right to a special act such as Information Telecommunication Act or to enjoin a duty to delete personal information of the deceased right after realizing the death of one on personal information manager. ⑥ Even when the deceased leaves a will on the posthumous treatment of online digital information of oneself, clauses about online digital information with personal value are invalid since the contents of will are rigidly determined by succession law.