잊혀질 권리와 표현의 자유

Abstract

Someone wants to hide part of his personal information on the Internet that he may regard it as 'Digital Scarlet Letter.' The right of erasing such 'Digital Scarlet Letter' on the Internet in order to be forgotten from society, namely 'Right to be Forgotten' comes into conflict with Freedom of Speech that be regarded as important means for free revelation of personality, and for finding truths and rational decision making. So it is necessary to answer for the question of confliction of these two rights on the Internet, by limiting the extent and scope of each of them. To achieve this, this article treats such as questions, first, whether the right to be forgotten is constitutional right or legislature-made right, second, if the right to be forgotten is constitutional right, where can find it's constitutional base, third, what are realities and problems of our current legislation for implementing the right to be forgotten, and finally what is the improvement direction of our legislation for reconciliation of two conflicting rights, that is Right to be Forgotten and Freedom of Speech.