Internet has a powerful far-reaching influence and huge amount of materials than other medias because it connects a worldwide with a mesh network. This feature also was embossed with the spread of smartphones and the massification of SNS.
These chan...
Internet has a powerful far-reaching influence and huge amount of materials than other medias because it connects a worldwide with a mesh network. This feature also was embossed with the spread of smartphones and the massification of SNS.
These changes raise various problems that do not previously exist. Among them, a problem that is constantly searched in Internet becomes a major issue. The study analyzes each of the problem type according to the types of materials that are searched in Internet and personal information that is contained in the materials for specific analysis about the problem. The findings prove that the only existing fundamental right is not enough to solve these problems, and they stress the necessity of drawing new fundamental right. Recently, the discussion to yield new fundamental right actively progresses in our country and foreign countries such as EU and America. The new fundamental right, ‘right to be forgotten’, is produced from the discussion.
Studying the significance, contents, effect, restriction, and violation of the ‘right to be forgotten’, it reveals that it has a general type of the elimination claim and the search block claim as an active right. In case of the ‘right to be forgotten’ as passive and specific right, it shows that there is a right that is free from the materials, and the ‘right to be forgotten’ connected with the principle of rebus sic stantibus works actively and passively in substance. According to the contents of the ‘right to be forgotten’, the problem in the real is that the ‘right to be forgotten’ is harmed as the personal information public system of child and teen sex offenders lays down an uniform open period of 20 years regardless of details of crime. Other facts also infringe the ‘right to be forgotten.’ For example, in case of claim for later report, the materials that are constantly searched in Internet are limited the billing period to March, and in case of a judgement of guilty becomes a final judgement of not guilty, a reporter does not report the fact. However, when the ‘right to be forgotten’ is a problem, it is not unconstitutional because the nation's duty to protect the fundamental right does not regard as violation.