저작권침해와 온라인서비스제공자의 형사책임

• 영문명: The Criminal Responsibility of On-line Service Provider(OSP) about Infringement of Copyright
• 발행기관: 한국형사정책학회
• 저자명: 오경식(OH, Kyung-Sik) 이정훈(LEE, Jung-Hoon) 황태정(HWANG, Tae-Jeong)
• 간행물 정보: 『형사정책』刑事政策 第21卷 第2號, 123~157쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

Recently, information communication network such as Internet is the most important place in which crimes appear in number and level compared with crimes in real world On-line Service Providers(OSP) are regarded as having a substantial role to control and regulate the illegal behavior infringing of Copyright, so they should be liable to civil or criminal In Soribada and Web-hard cases, the courts agreed the criminal responsibility of On-line Service Providers as assistance of aid This means OSP's liablity is not regarded as principal offender in criminal But they don't accept the opinion of applying exclusionary clause of Copyright Act They want OSP to fulfill the highest level of technical filtering measures Passive filtering measures cannot be the method of exemption from responsibility But above decisions do not show the discrimination between civil cases and criminal cases Especially thinking about criminal responsibility of OSP, it is very important to consider the principle of the legality of crimes and punishment The strengthening the liablity of OSP may bring about the chilling effect of freedom of speech and the use of Internet, and lead the conclusion of disregard of development of information technology and industry Though OSPs have a duty of care to remove and manage the illegal contents on their service boards, the level of duty to care is restricted when they know the contents are obviously illegal and violate the copyright act And the ability of OSP to control the contents according to technical or economical conditions also should be considered

목차

Ⅰ 들어가며

Ⅱ 인터넷상 저작권침해 관련 사례 및 입법례

Ⅲ 우리나라의 현행 규정 및 대표적 판례

Ⅳ OSP의 형사책임과 관련한 쟁점 및 정책방향

Ⅴ 나오는 말

참고문헌

영문초록

키워드

온라인서비스제공자(OSP)의 형사책임 정보통신서비스제공자 저작권침해 소리바다 사건 웹하드 사건 부작위범 방조범 The criminal responsibility of OSP Soribada case Web-hard case Infringement of Copyright Crime of omission