사이버상의 불법정보 유통에 대한 OSP의 책임

• 영문명: Online Service Provider`s Liability of Illegal Informations on Cyberspace
• 발행기관: 개인저작물
• 저자명: 정완(Choung, Wan)
• 간행물 정보: 『개인저작물 - 법학·행정』제16권 제1호, 127~154쪽, 전체 28쪽
• 주제분류: 법학 > 개인저작물
• 파일형태: PDF
• 발행일자: 2005.03.01

영문 초록

With the continuing growth of literally thousands of adult-oriented sexually explicit Web sites, concern and controversy have arisen regarding censorship and the legal issues surrounding it. Some of the statistics demonstrate just how enormous this market has become. The nations of the world have each formulated laws governing forms of speech usually reflective of what they deem to be in the best interest of its culture and society. As is the case in the Korea, in foreign countries the standards for obscenity vary, making it virtually impossible to establish predictability as to whether online material will be allowed or prohibited. Such issues surround the importation and exportation of pornography and attempts to regulate it. I think we have to keep in mind the following factors that affect and determine the ability or inability to achieve a worldwide agreement on prohibiting obscene materials. Firstly, there is no body of international law governing the transmission or receipt of obscene material, nor any universal definition or set of standards regarding it. Secondly, cultural, moral, and legal characteristics usually form the basis of a country`s views on obscene and other forms of speech. Thirdly, it is virtually impossible for one country to impose or enforce its laws on another country. Fourth, a provider in a country with strict obscenity standards may transmit materials to a country with more liberal standards, and from there it is accessible worldwide by a simple click. In this article, I just tried to research for the online service provider`s liabilities of illegal informations, like as obscene materials, on cyberspace.

키워드

사이버공간 불법정보 사이버음란물 온라인서비스사업자 인터넷사업자 민사책임 형사책임 Illegal Information Cyberpornography Online Service Provider Civil Liability Criminal Liability Cyberspace