인터넷상 권리침해의 구제제도 -헌법재판소 결정과 향후 과제-

Abstract

When it comes to legal remedies for violation of individual’s rights on the internet such as defamation, the most important thing is how to reconcile two fundamental human rights: freedom of speech and personality right. However, in Korea, the balance tilts to protecting individual rights,considering recently implemented remedies, which are temporary blinds on allegedly unlawful information,deliberation and correction advice by Korean Communication Standards Commission(KCSC), and real-name registration system for the internet. Those three remedies were introduced for the purpose of stopping rapid spread of illegal information on the internet. While traditional remedies such as civil damages are used after the violation, real-name registration system is supposed to work before the accident and the other two are considered to deter spreading of defamatory contents. In 2002, the Korean Constitutional Court ruled that only one of the three kinds of new remedies,real-name registration system for the internet, is unconstitutional. However, the other two also have much to be revised for the freedom of expression on the internet. It is encouraging that the President elect promised to improve internet freedom during election times. In case of temporary blinds, some procedures are to be supplemented for the speaker’s freedom of expression. Under current legal system, the person whose writings are temporarily blocked has no legal right to appeal. He/she has no choice but to find other web bloggs to upload the same contents. With regard to consideration and correction advice, KSCS should not take cases concerning violation of individual’s rights for the purpose of consideration. Those should be solved by the parties directly involved, not by the governmental agency.