정보통신서비스 제공자의 형법적 책임에 관한 고찰 -인터넷 명예훼손에 관한 책임을 중심으로-

Abstract

Recently, crimes in the Internet space are rapidly increasing. Illegal information on the internet spreads rapidly and transcends time and space. Damage related to defamation on the Internet is increasing. In particular, it is required to hold the information and communication service providers accountable as well as those who directly posted defamatory posts on the Internet. The current Information and Communications Network Utilization Promotion and Information Protection Act stipulates the duties and responsibilities of information and communication service providers. However, most of them impose only abstract obligations and do not contain provisions on criminal liability or specific punishment requirements. If information and communication service providers are held criminally liable for Internet defamation, freedom of expression may be reduced. Therefore the liability of information and communication service providers must be recognized under specific requirements. The United States and Germany recognize the necessity of liability for information and communication service providers in relation to crimes on the Internet, and have amended or newly established relevant provisions. This paper examines the domestic implications of the United States and Germany. Under the current legal system, if information communication service providers are to be held criminally responsible, it would be appropriate to punish them for assisting crimes due to inaction. However deriving the basis for the guarantor status from the moral obligation to act may violate the principle of definiteness. Therefore the conditions under which information and communication service providers can be held criminally responsible must be clearly defined in the law through amendments.