정보통신망법의 본인확인제도의 위헌결정과 향후 대응방안

Abstract

With regard to the recent the unconstitutional decision concerning the identification system under the Act on Promotion of Information and Communications Network Utilization and Information Protection (“The Act”), which was introduced to as a means of blocking the adverse effects of illegal information circulation via the internet, this will first analyze the background of the adaptation of the “internet real-name confirmation system”, the constitutional issues and solution theories followed by specific matters in relation to the identification system The Act, and a real-name confirmation system of the Pubic Official Election Act and an comparison and analysis of the differences in Constitutional Court’s assessments of these matters, all within the process of understanding the problems associated with The Act’s identification system, and as a countermeasure for supplementation, the problems inherent within the internet self-regulation laws and the legislative measures have been suggested.