인터넷 음란물에 대한 ISP의 형사책임에 과한 연구

Abstract

Obscinitis have been thoroughly prohibited by criminal law and special law related with Internet crime. But this total prohibition includes unconstitutional probability. The U.S. Federal Supreme Court found that the complete ban rules of obscinity is unconstitutional. Because this prevets adults from enjoying obscinity, too. In this point of view, recently several countries are having enacted the rules on ISP's criminal liability limitation of Internet Obscinity. In spite of this global circumstances, korean legal systems have not equipped the limitation rules yet. Therefore, ISP's criminal liability to Internet Obscinity have been determined by Unterlassung theory, the general theory of criminal law. Unterlassung conception is what needs to punisth the man who does not carry out the obligation required by law. But the estimation of criminal aiding cannot be decided by Unterlassung conception, because it is conception to decide the realization of the chief criminal. Some scholars and judicial precedent, however try to determine ISP's criminal liability through Unterlassung theory. These movements includes danger to transform criminal aiding into the chief criminal. To solve these problems, enactment to limit ISP's criminal liability should be equipped.