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            • 인터넷法學의 成立과 課題

              백윤철 한국인터넷법학회 2003 인터넷법연구 Vol.2 No.-

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

              The Internet law can be defined as a legal science to deal with various legal affairs arising from the Internet. It covers such issues as hacking,freedom of expression, personal information prote ction, crimes based upon the Internet, electronic commerce, intellectual property rights, jurisdiction, ete. Then what kind of law is required in the Internet world? Take an example of electronic commerce. If you use digital money and employ electronic signature or certification, you may not be sure of the legal effects of offer, acceptance, effective payment and so on. These legal problems do not exist in the pre-Internet age. It means the traditional law and regulation would not operate effectively in the new Internet age. Nowadays ordinary people take to e-business and electronic cash, and legal affairs related with the Internet apply to everybody. Against these backdrops, the United Nations Commission on International Trade Law (UNCITRAL) established the Model Law on Electronic Commerce in 1996. A number of states in the United States began to adopt uniform laws on computer information transactions, i.e., UETA or UelTA. In the new world of the Internet, states and governments are more often than not engaged in the legal quagmire. For example, citizen's unlimited access to public information, government's collection and utilization of citizens' information are usually on the top list of nation-wide disputes. In this regard, the government activities in the Internet should be strictly subject to the due process of law. So the border line between the public law and private law has been diminished. The most startling issue is cyber-terror which poses an impending danger to the whole nation, not to mention police. As we often experienced, cyber-terrorism by way of hacking and computer viruses makes havoc of the infrastructure of the society, and, in the worst case, paralyzes the basic function of the nation. It is quite different in dimension from the usual privacy or criminal issues. With respect to the freedom of expression, in the Internet era, any person shall be an information sovereign entitled to material equality. All citizens on the net, so-called netizens, are required to have capability to handle information. It's because privacy can be protected on condition that the data subject has an individual right to control the circulation of information relating to himself. An effective e-government is another target that each government aims for in the information age. It might be realized by digitalizing administrative services and promoting knowledge management so as to enhance the competitiveness of the nation. The digitalization of government services without any possible infringement on the citizens'fundamental rights and liberty calls for the legislation of relevant laws and regulations as well as the utilization of information technologies. In the area of e-commerce, any legal disputes or troubles regarding transactions in the cyber shopping mall would undermine the safety and trustworthiness of transactions on the parr of consumers. And the electronic payment system and taxation of digital goods would be improved by concerted efforts of states involved in the international trade. Social changes triggered by the developments of the Internet as described above necessitate the effectively operating legal infrastructure. Each and every players in the Internet world including the government, academic community and business circles should take parr in the legislation and implementation of the Internet law. In other words, the Internet law is a legal science in the primitive stage, which will be upgraded by integrated efforts of all the players.

            • 인터넷환경에서의 지적소유권법제의 체계와 과제

              이상정 한국인터넷법학회 2003 인터넷법연구 Vol.2 No.-

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

              With the cyberspace explosively expanding through the Internet, a number of issues and problems take place beyond the scope regularly controlled by the existing laws. The striking example is intellectual property. While the development of the Internet is for the dissemination and sharing of information, intellectual property is for the protecrion and control of the information. The Internet and intellecrual property are working reversely. The Internet gives rise to a lot of problems in the area of intellectual property, especially, in the copyright, patent and trademark area. All kinds of copyrighted works have been made intO one medium by the development of digital technologies. Recently, the distinctive character of the Internet has caused so many copyright issues to occur. Those are the temporary copy In the RAM, linking, framing and the liabiliry of ISP or OlSP, ete. For an instance, file-sharing programs pose too complex problems to be solved by the conventional copyright law. In some countries the Internet-related invention - the business method inventions, user interface, communications protocol, data compression technology and encryption technology - has been awarded patent rights. In particular, business method afforded by the patent rights, encourage people to pay attention to banking and finance, and other services outside the traditional manufacturing and materials. The ongoing conflicts between domain names and trademark rights also generate difficult social issues. To solve these problems will be conducive to the new trade order of information society. The intellectual property acts have changed with the advent of the digital or Internet environment. The current Copyright Act and Computer Programs Protection. Act of Korea have been influenced by the WIPO Copyright Treaty and the WIPO Pedormance and Phonograms Treaty of 1996. In Korea, the transmission right was added to author's rights and the prorection of the technical measures and the right: management information are newly enacted in Computer Programs Protection Act. Many other nations are also interested in the amendment to existing laws in line with WCT and WPPT. For example, the revised Japanese Copyright Act of 1999, the U.S. Digital Millennium Copyright Act of 1998, the ED Directive. With respect to how to solve the disputes arising from IP, alternative dispute resolution (ADR) should be noted. Administrative procedures or ADR mechanism would be a good solution to the arguments regarding trademarks, service marks and domain names. With conflict between trade mark and domain name, the Unified Domain Names Dispute Resolution Procedures (UDRP) came into the spotlight. Now the intellectual property develops into a new dimension in the cyberspace. To make balance between the interest of right's holders and that of the public is the' important task of the future inteIlectual property system.

            • 電子商去來法의 體系와 課題

              김문환 한국인터넷법학회 2003 인터넷법연구 Vol.2 No.-

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

              Introduction Electronic Commerce has produced many legal issues such as formation and performance of electronic contracrs, choice of law, jurisdiction and dispute settlement, privacy, intellectual properties, consumer protection, taxation, defamation and the censorship. Lawmakers have also facilitated the use of electronic signatures to form valid and legally enforcible contracts over the Internet. The following overview was prepared for the introductory explanation the law and electronic commerce. Electronic Contracts Electronic contracts which have been formed in the past between Electronic Data Interchange (EDI) trading partners involve many issues that differ from those arising in traditional contraCts. Electronic contracts will be agreed upon electronically or through other implied consent methods similar to those methods used for shrinkwrap licenses which are those unsigned "agreements" that are shipped with some types of computer software. Since the enforceability of shrinkwrap license agreement has been a question of considerable concern, and several cases in the U.S. such as Vault Corp. v. Quaid Software Ltd. have held that some shrinkwrap license provisions are not enforceable, it is important to know whether implied consent and the electronic execution of contracts effectively establish enforceable agreements between parries. Electronic contracts also should contain provisions that protect intellecrual property rights and prohibit infringemenr. It is very important to obtain representations and warranties from the parties that they will comply with intellectual property rights and that they will not infringe the rights of others. Digital Signatures Digital signatute technology which is based on applied mathematics and the use of cryptographic algorithms provides a secure and convenient method of electronically "signing" documents which otherwise would require a written signature. To create a digital signature the signer uses two keys. These keys are extremely large numbers that have been uniquely assigned to the signer and are called the "private key" and the "public key." The signer uses the private key to sign an electronic document, and another person can then use the public key ro verify that the signature is authentic. This verification process also establishes that the document was not altered as it was transmitted over the Internet. An important element in this process is an intermediary called a "certification authority." It is the certification authority's job to establish the link between the signer and the keys used to create the digital signature. In essence, the certification authority reviews the signer's identification documents, such as a driver's license or passport, and then certifies thar the person who is using the keys is actually the person they claim to be. Anyone who wishes to verify a digital signature may then rely on the certification authority's identification of the person instead of having to personally review the signer's identification documents. In this way, digital signatures work much in the same way as signature cards kept on file by banks which are taken out when needed to verify authenticity. The digital signature is often invisibly attached to a submitted document in the form of an encrypted "certificate." This "certificate" would look like a scrambled series of letters and numbers if ir were printed out. The person receiving the certificate would have software that could autOmatically decrypt the certificate and authenticate the signer's identity usmg the signer's public key. In this way digital signature technology adds little or no additional inconvenience to the transaction or communication. Digital Signatures are often used to identify the persons who ate viewing Internet sites, and provide enhanced password protection allowing individuals access to otherwise restricted information. Using digital signatures, individuals will be able to leverage th

            • 사이버테러 대응과 현행 절차법 검토

              양근원(Kun-Won Yang) 한국인터넷법학회 2004 인터넷법연구 Vol.3 No.1

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

              Nowadays cybercrime is increasingly threatening the information telecommunication infrastructure. In Korea, the so-called "January 25 Internet incident" made havoc of the whole Internet networks for nine hours on January 25, 2003. In the cyberspace, particularly after the 9?11 Terror, all the states have reinforced their efforts to ensure the security of the computer systems and networks from a variety of cyber attacks. Cyberterrorism is defined as cyber-attacks which, by means of computer viruses, hacking, denial of service, etc., cause or increase nationwide or social unrest and disorder. In most cases, the cyberspace insecurity might be caused by technological problems associated with the Internet. Therefore, it is most important and effective to examine and apply technical countermeasures against such cyber-threats in the first place. And there seems to be a room for the government to intervene to solve those problems. Such characteristics of the Internet as borderlessness, openness, no time limits and rapid technological progress aggravate the difficulties in preventing cyber-attacks. Therefore, in order to tackle the problems, it is necessary to establish laws to enhance relevant technological countermeasures in the area of both substantive and procedural laws. The procedural law is required to provide an appropriate way to keep up with technological aspects of the crime. Examining the existing Korean laws with respect to the cyberterrorism, we can find there are some overlaps of substantive laws, and confused array of procedural laws in comparison with those of other advanced countries including the United States. In order to get proper solutions, it is necessary to deliberately examine the legal systems of other countries and to study the global standards. In particular, the Council of Europe Convention on Cybercrime will make a good example of the procedural law concerning cybercrime. The United States has installed the practical methods for the collection of evidences so as to confront various criminal activities in the cyberspace ever since the "Electronic Communication Privacy Act", as amended from time to time. This article examines the problem of the existing regulations in Korea, and makes suggestions of effective countermeasures in the area of procedural law to prevent cyberterrorism. But it also calls for striking the balance between the effective implementation for the security of cyberspace and the civil liberty, another backbone of our democratic society.

            • 인터넷법학의 민사법적 과제와 체계

              김민중 한국인터넷법학회 2003 인터넷법연구 Vol.2 No.-

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

            • 인터넷범죄의 형사법적 과제와 전망

              정완 한국인터넷법학회 2003 인터넷법연구 Vol.2 No.-

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

              The Internet has expanded our daily life into the cyberspace. At the same time, the explosive electronic commerce ushers in more and more side effects like computer crimes. According to the Cyber Terror Response Center in the National Police Agency, they have received an increasing number of reports with respect to criminal activities in the cyberspace, for example, computer frauds in the Internet shopping mall, frauds in electronic payments or cyber-trading of securities, illegal use of others' personal information, ete. Also swelling unsolicited commercial e-mails undermine the convenience and efficiency of communications in the cyberspace. In particular, unlimited adult advertisement and adult broadcasting through the Internet reportedly make havoc of youngsters. This paper deals with the following criminal activities: - Computer hacking and viruses; - Frauds In the e-commerce, fraudulent auctIon In the Internet, cyber-marketing of harmful or defective products, fraudulent misrepresentation of products through the Internet, illegal pyramid sales promotion in the Internet; - Unsolicited commercial e-mails, frauds by means of e-mails; - Defamation in the cyberspace, blackmailing through the Internet; - Conspiracy and aid of committing suicide or other crimes; - Sexual harassment in the cyberspace, cyber-stalking, cyber-prostitution; - Sales of pornographic products through the Internet; - Unauthorized copying of computer software and digital products; and - Theft and fraud of Internet game items. More often than not, unfortunately, the criminals who committed the above-mentioned illegality stay oUt of the scope of the criminal law, because they operate their computer servers in foreign countries. Investigation and persecution of those criminals call for the cooperation of police of the state concerned by way of bilateral or multilateral treaties. Then what kind of measures are in great need for the prevention of Internet crimes? The conspicuous feature of computer crimes is the swift and unlimited dissemination of criminal offences through the Internet. Therefore prevention is more important than cure and punishment. Also there need upgraded security measures against e-commerce frauds such as thorough confirmation of identity of counterparts, use of encryption technology, anti-theft of information. It might be useful to allow only the real name users in the Internet communications. Also all the players in the cyberspace are required to adopt the enhanced technologies like filtering, anti-copying, data protection, etc.

            • 電子政府法의 基本構造와 課題

              박균성 한국인터넷법학회 2003 인터넷법연구 Vol.2 No.-

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

              In March 2001, Korea witnessed the legislation of the Electronic Government Act, formally called the "Act Q)ncerning the Promotion of the Electronic Administrative Services for the Realization of the Electronic Government. Based on this, the regulatory ordinances were enacted in June 2001. There still remain, however, several other things that call for perusal. First of all, it is necessary to examine whether there occurs any conflict berween these newly legislated act and ordinances on the one hand, and currently existing acts on public administration or information and communication on the other. The latter are assumed to be concerned with paper documents only, so if they turn out to include some clauses that pose obstacles to electronic administration, necessary measures must be taken. Secondly, further elaboration is called for concerning the following with respect to the content of the Electronic Government ACt: the time of sending and/or arrival of the electronic documents, verification of the arrival and/or receipt, signing, sharing information among administrative institutions, public access to electronic information, electronic administrative procedures such as reporting, fIling and notifying by electronic means, ete. The E-Government means more than the introduction of the information technology in the government operation. It demands a government reform and a fundamental change in the relations between the administration and citizens. Hence the administration law needs to be adapted to the electronic government. A electronic administration law will take shape in such a manner.

            • 인터넷과 표현의 자유

              김배원 한국인터넷법학회 2003 인터넷법연구 Vol.2 No.-

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

              In the modern information society where real life and cyberspace coexist, the limitation principles of law ruling free expression in real life should still apply to free expression in cyberspace. The internet often used as a synonym of cyberspace, is characterized by interaction, infinity of time and space, anonymity, internationality, ete. These show 1) the characters of technology and media: the internet based on the development of the information and communication technology has distinctive characteristics from print, broadcasting, communication as media. 2) the character of space ' the internet builds up cyberspace different from real life in the physical world. Problems of rhe internet and free expression have been led to consider how the limitation theories, the constitutional protection of free expression on the internet, could be applied, given these natures of the internet. This essay firstly examines the classical theories of free expression, their current modifications, the relationships between free expression and free information in the information society and the limitation theories of free expression. Then It re-examines the limitation theories of free expression on the internet considering the characters of technology and media and the character of space discussed above.

            • 전자거래기본법의 과제 - 사법규정을 중심으로 -

              지원림 한국인터넷법학회 2002 인터넷법연구 Vol.1 No.-

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

            • 인터넷과 國際裁判管轄

              석광현 한국인터넷법학회 2003 인터넷법연구 Vol.2 No.-

              '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

              Traditional ptivate international law looks to geography when determining international jurisdiction to adjudicate. But in the cyberspace geographical borders of countries can be ignored. In this context, a question arises as to whether the traditional private international law rules on determining international jurisdiction to adjudicate are able to solve the international jurisdiction issues arising from international disputes in the cyberspace. In order to answer this question, the author first revIews the private international law rules on the international jurisdiction issues arising from international disputes in the real world. This is particularly important under Korean law since the Conflict of Laws Act of Korea which has been amended as of July 1, 2001 has introduced new rules on determining international jurisdiction. The author then reviews the question as to wherher such private international law rules on the international jurisdiction issues arising from international disputes in the real world as such can be applied with our modification to international disputes in the cyberspace or whether some modifications are indispensable. In analysing such issues the author distinguishes disputes into several categories, namely, disputes arising from contracts, disputes arising from torts, etc. In addition, the disputes arising from contracts can be further classified depending on whether such contract is a contract between business and business(B2B) or a connan betWeen business and consumer (B2C). This distinction is meaningful since the so called protective jurisdiction under the Korean Conflict of Laws Act should also apply to international disputes in the cyberspace. The author concludes that at present the proper way appears to be to develop private international law rules on determining international jurisdiction in the cyberspace by adapting, or introducing some flexibility into, the private international law rules on determining international jurisdiction in the real world to reflect the characteristics of the cyberspace. However, the author notes that we need to pay attention to the rapid development of so "lex cyberspace" or "lex internet" since if new private international law rules on determining international jurisdiction in the cyberspace could be developed as a part of lex cyberspace or lex internet, it may to a certain extent replace the traditional private international law rules on determining international jurisdiction which are mainly targeted at the real world.

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