인격권의 법리검토와 입법제안

• 영문명: A Study on Legal Review of Personality Right and Legislative Proposal
• 발행기관: 한국민사법학회
• 저자명: 이봉림(Lee, Bong-Rim)
• 간행물 정보: 『민사법학』제45-1호, 159~203쪽, 전체 45쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

In view of current Korean laws and regulations concerning personality right, it is found that Article 10 of the Korean Constitution provides “the right to pursue human respect, values and happiness”; Article 17 of said Constitution provides “confidence of privacy” to be protected as a part of basic right; and our Korean Criminal Law has provisions on protection of one s own personality. On the other hand, the Korean Civil Law accepts just passively that violation of personal right is an illegal act and involves the right to claim for damages. In 2002, public discussions on the revision of our civil law were greatly controversial due to hot arguments for and against new legislation of personality right and protection thereof. As a result, authorities concerned came to a consensus that the personality right shall be protected as a legal right in statutory form, in the light of its ideological and practical consequence, but their consensus still exposed a limitation, because legal means for content or protection of personality right shall be determined by judicial precedence or hypotheses. The recent inauguration of the Civil Law Revision Council means a sign to open up a ground for follow-up discussions. From this starting point, it is advisable that the authorities concerned should not overlook frequent violations of other s personality right (right of likeness or portrait, privacy right, etc) any longer, with a focus on relevant legislation.

목차

Ⅰ. 서

Ⅱ. 인격보호에 관한 권리성 여부

Ⅲ. 인격권의 법적구성

Ⅳ. 입법제안

Ⅴ. 결

참고문헌

키워드

인격권 일반적 인격권 개별적 인격권 프라이버시권 퍼블리시티권 일신전속성 불법행위 Personal right general personality right individual personality right the right of privacy the right of publicity inalienability illegal act