사이버공간에서의 민사적 법익보호 모델에 관한 연구 - Calabresi-Melamedian 이론과 그 대안을 중심으로

• 영문명: A Study on the Protection Model of Legal Interest in the Cyberspace - Focused on Calabresi-Melamedian’s Theory and Its Alternatives -
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 정진명(Jin-Myung Chung)
• 간행물 정보: 『비교사법』比較私法 제15권 제1호, 165~202쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.03.30

영문 초록

  Nowadays, the cyber space being formed newly has contributed to heightening individual’s right and legal interest by making individual’s activity area broadened. However, with this situation, the violation of individual’s right and legal interest being occurred in the cyber space, is closely connected with the technological characteristics of internet, so the ways of protection from this kind of violation have been concerned so much. That is because traditional civil liability rules do not meet the cyberspace requiring economic effectiveness and do not have the general standard of activity about the violation of legal interest in the cyberspace. Therefore, the necessity that the model on the legal protection of civil right about individual’s right and legal interest should be made has been raised.
  The cyberspace based on the internet affects civil liability rules. The essence of internet lies in economy, rationality, convenience and ubiquity. These qualities have a common concept of ‘effectiveness’. By the way, effectiveness in economics means the status of distribution maximizing the value of limited resources and this kind of effectiveness in the standard analysis is the basis of legal determining because it is considered a value. Therefore, this article tried the solution of legal problem in the cyberspace from the theories of “Social Cost” by Coase Theorem and “Legal Entitlement Thesis” by Calabresi-Melamedian which are the models of civil legal protection in the cyber space.
  In this article, the developed process of the entitlement theory was primarily surveyed for general understanding about the frame of legal economy which can cover the various legal protection in the cyberspace. Then, whether the entitlement theory to protect civil legal interest can be applied for was researched. Finally, if it can be applied, what legal doctrine can be applied was researched.

목차

Ⅰ. 머리말
Ⅱ. 권익권 이론의 전개
Ⅲ. 권익권 이론의 사이버공간에의 적용
Ⅳ. 맺음말
【참고문헌】
[Abstract]

키워드

사이버공간 법경제학 민사적 법익 재산권법리 책임법리 불가양법리 계약책임 불법행위책임 손해배상책임 권익권 유연성원칙 Cyberspace Legal Interest Property Rule Liability Rule Inalienability Rule Pliability Rule Entitlement Transaction Cost