인터넷과 국제재판관할

Abstract

Torts or electronic commerce, including contracts, will be likely to have bearing on foreign elements and thus to create issues related to international jurisdiction, choice of law, or recognition and enforcement of foreign judgments.The internet having the features that anybody will have access to the Internet and enjoy his or her internet life without revealing his or her identity, we did, do, and will frequently witness and will the disputes in connection with electronic commerce, torts, such as defamation, on the internet, or online copyright infringement.The place of wrongful act on the Internet will be the place where a harmful act or injury occurs.In particular, the types of online torts will vary, ranging from defamation to distribution of virus. The place where injury arose tends to be everywhere in terms of online torts. The good illustration is Gutnick v. Dow Jones rendered by Australian Victoria Supreme Court in 2001. Also, as far as online torts is concerned, it is sometimes hard for us to define the place where a harmful act occurs. In addition, the place of obligation will hardly be defined in terms of electronic commerce.This Article will scrutinize recent development of international jurisdiction of online activities from the standpoint of international and regional treaties. Furthermore, it will explore American case laws related to the Internet and international jurisdiction. Afterwards, it will discuss Korean statutes and case laws in connection with the Internet-related international jurisdiction.