사이버 명예훼손에 대한 국가규제체계에 대한 일고찰-형벌과 인터넷심의를 중심으로-

Abstract

It is not easy to analyze the criminal regulation and internet review in a single point of view because the purpose, content and regulatory system are different. However, it is very important to analyze the problems and to suggest improvement measures in this respect because they have a common feature in terms of the functional aspect of protection of defamation, the instrumental aspect of protection system through the exercise of state power, and the regulated object of defamation. Since it is not reasonable for the State to consider simple private disputes in the regulatory system of unlawful information, it is reasonable to ultimately abolish deliberation on defamation information. Even if it is not so, the current regulation that only reflects the victim's will at the time of disposal is likely to infringe on the morality of the victim's honor. This also has the side effect of expanding the infringement on freedom of expression of information publishers. Therefore, the law should be revised as a requirement to start the deliberation, and accordingly the deliberation rules should be revised accordingly. Regarding punishment, it is prescribed in the administrative law formally, but it has the nature of special criminal law rather than administrative penal law. Therefore, in principle, the improvement of information and communication network law is meaningless, and the revision of criminal law should be discussed together. Therefore, it is necessary to change legislation to change the administrative penalties to actual administrative penalties. It is required to change the structure of penalties for violation of the prohibition provisions for the protection of privacy such as personal history or sexual history. It is also a way to promote freedom of expression through revision of current law.