전문직 종사자에 대한 대중의 온라인 평가와 개인정보자기결정권에 관한 고찰

Abstract

With the advancement of IT technology, the Cyber ​​Space, which is now formed through the Internet, a computer network, has replaced paperwork, which has been used as a representative medium of conventional public expression. In addition, the transmission of information and opinions in the cyberspace has a tendency to transcend time and space so that its power is not comparable to the tributaries, thus leading to maximization of freedom of expression. However, on the other hand, in the virtual space of cyberspace, a person's information is disclosed without his consent, and various crimes such as infringement of moral rights and privacy, malicious use of the information, It is getting bigger. As shown in the recent suicide cases of childcare teachers in Korea, professionals such as teachers are more likely to treat public individuals than private individuals in that they are professions requiring high public interest and morality. For this reason, professionals, including teachers, attorneys, and doctors, are in a position to disclose personal information for the public's right to know, even without the consent of the subject. In particular, it has been questioned in the case of Korea and Germany whether the public online evaluation of professional individuals is a legal interest that can be protected by freedom of expression and how the personal legal interests of the infringed individuals can be protected. Moreover, in the case of 'evaluation', an extremely subjective point of view may be intervened. Moreover, if an evaluation is carried out by adding arbitrary criteria of public or portal managers, even if they are engaged in a profession with a public interest, the evaluation result is accepted. Not easy to do In the case of the Internet, the media's specificity has a high risk of spreading and harming the reputation and reputation of professionals. In the case of lawyers and doctors, it can be directly related to business damage. Therefore, this paper examines the problem of setting the legal limits of the freedom of expression and the professionals' right to personal self-information when an expert individual has a special status of public existence.