정보이용자의 개인정보보호에 관한 검토 - 저작권법상 이용자정보제공청구제도를 중심으로 -

Abstract

Korea has the world's best internet infrastructure, and most of the people use the Internet. The development of Internet related technology has enabled the digitization, file-sharing, copying and transmission of copyrighted material. These changes have greatly increased the development of science and technology and cultural level, as well as increasing the piracy of copyrighted works rapidly. In Today's Internet environment we are now faced with the task of harmonizing three factors: the strong protection of copyrighted works, the goodwill protection of Online service providers, and the protection of the rights of personal information entities. In order to harmonize the rights of copyright owners, Online service providers and users, it is necessary to develop a balanced legal system. The Article 103 (3) of the Copyright Law, which was enacted to protect the copyright owners, raises the concern that the provision of ‘Request to Provide Information on Reproducers and Transmitters’ may infringe on users' personal information due to the ratification of the Korea-US FTA Agreement. The purpose of copyright law is to protect copyright owners and the rights neighboring on them and to promote fair use of works in order to contribute to the improvement and development of culture and related industries. However, in the Article 103 (3) of the Copyright Law, the user's personal information is provided to the copyright owner by the subjective judgment of Online service provider for the protection of the copyright owner, so that there is the possibility of infringing the user's personal information. Accordingly, it is necessary to find out the current status of the related legal systems of the United States, the United Kingdom, and other countries, and finally to seek a harmonious solution between copyright owners, Online service providers, and users by examining the amendment regarding the Article 103 (3) of the Copyright Law.