「정보통신망 이용촉진 및 정보보호 등에 관한 법률」상의 임시조치 제도 개선방안에 관한 연구

Abstract

The temporary measure under the Information Network Act has been adopted through the amendment of the Information Network Act in 2008 in order to protect the legal interest of person who was infringed upon his or her privacy or honor. We cannot deny that in the meantime, this temporary measure under the Information Network Act has played an affirmative key role in our society. But it is also undeniable that the temporary measure has restricted the speaker`s freedom of expression excessively and has been used as a pretext to hold back criticism. The temporary measure under the Information Network Act is given criticism that it protects the injured party more than the expresser because it may be put in action by the injured party`s one-sided demand. Therefore we need to improve the system to suit the balance between the right of respect and the freedom of expression in order to realize two fundamental rights up to the hilt. The improvements of the temporary measure under the Information Network Act are as follows. First, the plan can be considered that the current temporary measure should be abolished and the injured party`s right to reply should be permitted. Second, if the current temporary measure is maintained as it is, we need to prevent the injured party from abusing his or her legal right by adding the legal requirements in addition to the injured party`s unilateral argument and also need to shorten the period of the current temporary measure. Thirdly, if the requirement of the temporary measure is followed as it is without improvement, we need to stipulate the reduction of the period of the temporary measure and the expresser`s right to re-posting in the Act.