인격권으로서의 프라이버시권과 퍼블리시티권의 법리고찰

• 영문명: A Study on Jurisprudential Aspects in the Right of Privacy and Publicity as the Right of Personality
• 발행기관: 원광대학교 법학연구소
• 저자명: 이봉림(Lee, Bong-Rim)
• 간행물 정보: 『원광법학』제24권 제3호, 193~223쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.09.30

영문 초록

Basically, the right of privacy means passive and defensive concepts in a sense that it aims to secure ‘secrecy and freedom of privacy' as stipulated in the Article 17 of Korean Constitution, but it has lately involved more active implications that include legitimate control over personal information and independent decision of behaviors. In further sense, it is constitutionally accepted that the right of privacy widely encompasses ‘personal interests deserving social protection from their unwanted disclosure and independent interests pertinent to making crucial decision, including personal right of marriage, childbirth, contraception and child nurture.’ On the other hand, the right of publicity means protection of personal name, portrait(image) and the like from their unauthorized use in favor of others' interests. Thus, it encompasses both the right of personality and that of property fundamentally. From this perspective, the right of publicity may be considered a sort of property right with different nature from the right of personality. However, it is undeniable that the right of publicity considers elements of personality right as the object of right, so it is possibly reasonable to consider the right of publicity as the right which may be restricted according to the principle of good faith from the perspectives of the detailed content of agreement, rather than compose it as genuine right of property. In Korea, the National Assembly Culture & Tourism Council discussed legislation of express provisions about the right of publicity on June 23, 2005, but came to nothing worthwhile. In latest situation of even slight but gradually increasing legal disputes about the right of publicity, it will be required to prepare corresponding legislative solutions sooner or later.

목차

Ⅰ. 서

Ⅱ. 인격권의 법리

Ⅲ. 프라이버시권

Ⅳ. 퍼블리시티권

Ⅴ. 결

참고문헌

Abstract

키워드

인격권 일반적 인격권 개별적 인격권 프라이버시권 퍼블리시티권 personal rights general personality right respective personality right the right of privacy