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명예훼손과 표현의 자유 잊혀질 권리와 명예훼손 -명예훼손의 구제책으로서 잊혀질 권리에 대한 조명-
장성원 ( Seong Won Jang ) 한국형사정책학회 2013 刑事政策 Vol.25 No.3
In digital information era, we use cyberspace to bidirectionally exchange information via the internet and access to vast quantities of data. While the digital age takes over, new criminal offenses like cyber and online defamation have also emerged. Cyber defamation infringes on its victims and spreads with rapid speed over a wide range of diffusion. It can appear to anyone connected to the internet, and the spread tends to continue. Nowadays the situation of libel on cyberspace is very serious and concern. Defamation is now covered by several laws in Korea, criminal law, civil law, and special law under the ‘Personal Data Protection Act’ and the ‘Act on Promotion of Information and Communications Network Utilization and Data Protection etc.’(The Information and Communications Network Act). Especially, cyber defamation is addressed in Chapter 33 of the Criminal Law and in Article 70 of the Information and Communications Network Act. But it is nearly impossible to regulate all these kinds of cyber libel criminally. Recently, the new right, ‘right to be forgotten’, is produced from the debates and legislations. The right to be forgotten can be defined as the right for an individual to delete personal information on the cyberspace. However this right of erasing on the web in order to be forgotten comes into conflict with freedom of expression. It needs to regulate the concerns in the depth consideration of freedom of speech, matters of harmony and the responsibility of operators and internet users. So it is necessary to answer for the question of confliction of these two rights in the cyberspace, by limiting the extent and scope of each of them. Based on this understanding, the paper explored the possibility of applying the right to be forgotten as a remedy for damages caused by defamation on the net. Therefore, to control cyber defamation in proper conditions, we must recognize the characteristics of the right to be forgotten using the fair comparison of interests. To achieve these, the study gives an overview of the special concepts and attributes of the right to be forgotten regarding the defamation. Then it analyzes related legal basis of the right to be forgotten in the EU as well as domestic criminal and special act to point out the problems and discuss countermeasures of cyber libel to be applied.
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‘잰걸음으로 나선’ 개인정보 보호법을 보완하는 논의 - 개인정보 보호법 개정 논의 및 관련법률 검토
배대헌 경북대학교 IT와 법연구소 2012 IT와 법 연구 Vol.0 No.6
The legislation of the Personal Information Protection Act(hereinafter 'PIPA') streamlined various Acts related personal information, and made the privacy right for the information subject reinforce. Albeit better than before, there are some articles to provide reasonable adjustment to make them clear what is to be achieved; firstly, the correction of legal terminologies and legal sentences for getting the legislative purposes of this PIPA, secondly, the harmonization between the PIPA and the other related Acts, based on PIPA which is the center for the protection of personal information, thirdly, the legislative consideration of the emerging 'right to be forgotten'. The 'right to be forgotten' was proposed by European Commission to make twenty seven EU member countries adopt their own regular right with respect to the personal date. This newly emerging right aims at the prevention of illegal collection and use of the scattered personal information on Social Networking Service(SNS), and on searching websites.
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