인터넷상 情報에 대한 接近 및 取得行爲의 違法性

• 영문명: Accessing Information on the Internet: Shaping the Standard for Determining its Unlawfulness
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 權英俊(Young-Joon Kwon)
• 간행물 정보: 『비교사법』比較私法 제14권 제3호(상), 241~298쪽, 전체 58쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.29

영문 초록

  Can the information-holder on the Internet control the flow of information within his boundary even when he does not possess any proprietary right over the information? What if someone accesses to the information and obtain it without any approval? This article intends to provide comprehensive responses to these fundamental issues, mainly from the Korean perspective. To facilitate the analysis, eBay Inc. vs. Bidder’s Edge, Inc, one of the landmark U.S. court decisions in this regard, is introduced and examined here.
  This article categorizes a wide variety of disputes into three types. The first type is the proprietary dispute, focusing on the protection of computer system as a chattel. The traditional trespass theory will be applied, and actual harm will be required to justify injunctions. The Second type is the access dispute. The article 48 of the “Information Network Act” in Korea will play a crucial role in determining the unlawfulness of the access on the Internet. The interpretation of the above article requires the balance between information holders and the information users. The third and the final type is the information property related dispute. Laws on Intellectual property right and related legislations will govern this type of dispute.
  To narrow down the gap between the body of traditional legal theory and the recent changes in the legal environment brought on by technological advances, a new set of legal norms is needed. Korea has been responding to this challenge by legislating relevant acts in an ad hoc way. Relatively few attention has been devoted to the whole frame of norms with regard to the unlawfulness issue in response to the Internet. This article, however, endeavors to emphasize the systematic and comprehensive approach and to suggest the general standards by which unlawfulness of the information related disputes can be measured.

목차

Ⅰ. 序論
Ⅱ. 美國의 關聯 判決 및 論議
Ⅲ. 우리나라에 있어서 인터넷상 情報接近 및 取得行爲의 違法性
Ⅳ. 結論
【參考文獻】
[Abstract]

키워드

위법성 불법행위 인터넷 정보 동산침해 Unlawfuleness Torts Internet Information Trespass to Chattel