사이버不法行爲에 대한 國際的 規制

• 영문명: International Regulation on Cybertort
• 발행기관: 중앙대학교 법학연구원
• 저자명: 孫京漢(Kyung-Han Sohn) 朴眞雅(Jina Park)
• 간행물 정보: 『법학논문집』法學論文集 第31輯 第1號, 549~581쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.08.30

영문 초록

  As the cyberspace has been developed into place where persons are at work, cyber torts such as an infringement of privacy, defamation, transmission of obscene material or spam mail and infringement of intellectual property augment in an alarming way. The Internet’s blurring of national boundaries creates a variety of new cyber tort dilemmas. Cyber tort can occur anywhere and its damage is caused multilaterally and therefore it is difficult to regulate cyber torts. Moreover, transborderness of cyber tort raises difficult problems in deciding international jurisdiction or choice of law.
  This article is intended to search for an adequate solution, examining the international regulations for cyber torts at the substantive and procedural view point.
  This article in Chapter Ⅱ will first examine the relevant international legislations for cyber tort, such as OECD Privacy Guideline and Convention on cyber crime. Chapter ⅡI of this article will study relevant domestic legislations for cyber torts, such as EU Directives on E-Commerce and Privacy, and domestic laws of US, UK, Germany, Japan and Korea. Then, the author will examine international jurisdiction and choice of law in cyber torts in Chapter Ⅳ and Ⅴ, centering on relevant international convention and relevant domestic legislations and case laws and finally international mutual assistance against cyber torts in Chapter Ⅵ.
  Cyber torts are strikingly different from real torts, in the subject of cyber torts, illegality, types and patterns of those conducts, remedy and procedure thereof and therefore there is a difficulty in applying rules of real torts to cyber torts. Moreover, transborderness cause difficulties in deciding international jurisdiction or choice of law and therefore there are limits to internal regulation on cyber torts. It leads to the conclusion that, therefore, there is a need for the new substantive and procedural rules for international regulation on cyber torts. Finally, I expect this article will become a starting point and steppingstone to be of any assistance in establishing the substantive and procedural rules for international regulation on cyber torts.

목차

Ⅰ. 서론
Ⅱ. 사이버불법행위에 관한 국제적 규범
Ⅲ. 사이버불법행위 규제에 관한 외국의 입법례
Ⅳ. 국제적 사이버불법행위에 대한 국제재판관할
Ⅴ. 사이버불법행위의 준거법
Ⅵ. 사이버불법행위에의 대처를 위한 국제적 공조
Ⅶ. 결론

키워드

사이버불법행위(Cybertorts) 음란물(obscene material) 스팸메일(spam mail) 지적재산권(Intellectual Property) 사이버범죄조약(Convention on Cyber Crime)