사이버명예훼손 피해의 민사적 구제에 관한 고찰

• 영문명: A Study on the Civil Liability of Cyber Defamation
• 발행기관: 한국재산법학회
• 저자명: 정완(Choung, Wan)
• 간행물 정보: 『재산법연구』財産法硏究 第27卷 第2號, 323~347쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.10.30

영문 초록

Cyberspace gives us usefulness and convenience. on the other hand, it has a lot of bad functions such as cyber defamation and privacy disturbance etc. If a statement on cyberspace wrongly accuses someone and it is against the law, there would be a conflict between the freedom of expression and right to privacy. Recently, Internet portal sites have high number defamation of character. There are a lot of articles and replies on personal homepage, blog, internet homepages. It happens to celebrities and friends. It happens to people you don't know about. Many things happen because of this. I don't think we know the seriousness of this. What is the reason to make this much of a big fuss although internet homepages are personal things ? All of us needs to think of it again. The law of Defamation has come under renewed scrutiny with the advent of the Internet. This is largely because it is the nature of the Internet to give the average, anonymous person an opportunity to express their opinion well-beyond any previously defined venue. Consider the fact that a person of modest means now has the ability to publish a statement, article, or news item across the world in an instant, without an editor checking the facts. Thereafter, the item will linger on the 'Net for months, or even years, impossible to recover and amend, if the "facts" are erroneous. Therefore, it is inevitable that problems are going to arise. The main issue to remember when dealing with the Internet is that people still have their basic legal rights intact on the Net, and - likewise - the Internet is not as completely anonymous as the typical person may presumes. Usually, legal liabilities of cyber defamation consist of criminal one, civil one and administrative one. This article focuses on the cyber defamation and its civil liability and some remedy procedures.

목차

Ⅰ. 서언

Ⅱ. 사이버명예훼손의 개념과 실태

Ⅲ. 사이버명예훼손의 불법행위책임

Ⅳ. 기타 구제제도

Ⅴ. 결어

키워드

사이버명예훼손 민사책임 불법행위책임 징벌적 손해배상 온라인서비스제공자 금지청구권 가처분 제도 민사적 구제 Cyber defamation Civil Liability Online Service Provider Punitive Damages Injunction Temporary Injunction Civil Remedies