사이버소유권에 관한 연구

• 영문명: A Study on the Property in Cyberspace
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 정진명(Jin-Myung Chung)
• 간행물 정보: 『비교사법』비교사법 제12권 3호, 1~43쪽, 전체 43쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.09.01

영문 초록

The thought regarded cyberspace as a regional place is overspread these days. According to this trend, it appears the legal system on the real space has been applied to cyberspace analogically. Trespass to chattels in America is the representative legal theory for this. This theory was a type of the law of tort which had been applied to the property of real estate. But an inviolability which had been for real estate has become to be applied to cyberspace, as the applying extension of cyberspace has been expanded, and the point on real estate itself constantly has been disappeared. This has produced the result that is regarded the website in cyberspace as the object of possession, which has been issued for giving the right of property in cyberspace. In this article, the changing process of American case and criticism on Trespass to chattels was considered. Redemption for the right of material and the possibility of applying for the law of illegal behavior, was considered on this basis. Finally, the arrangement for the concept of property in cyberspace as an alternative right which could be applied for cyberspace was tried.

목차

Ⅰ. 머리말

Ⅱ. Trespass to chattels 법리의 사이버공간에의 적용

Ⅲ. 사이버공간에 전용된 민사법리

Ⅳ. 사이버공간의 법적 문제에 대한 대안

Ⅴ. 맺음말

[참고문헌]

【ABSTRACT】