저작물의 온라인 불법유통 방지를 위한 행정규제에 관한 검토

• 영문명: A Review on the Administrative Regulation for the Online Piracy Prevention
• 발행기관: 세창출판사
• 저자명: 신재호(Jae-Ho Shin) 조용순(Yong-Soon Cho)
• 간행물 정보: 『창작과 권리』2012년 봄호 (제66호), 161~190쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.03.01

영문 초록

This study reviews the administrative regulation and its drawbacks on Copyright Act and telecommunication business Act that aims to prevent the spreads of illegal Online distribution. Since webhard registration system on telecommunication business is ex-ante regulation, the targets under its regulation are to be generalized. Therefore, to insist the rationale for its regulation, there shall be thoughtful consideration in its method or degree of regulation. If what it really intends for is to prohibit the contents distribution by way of webhards, it shall be reasonable to prohibit the service itself by formulating social consensus on it. Regarding Administrative regulation under copyright law, the regulation for certain types of OSP are needed to be defined precisely. Privacy issue is also of importance as well as copyright infringement. So, administrative regulations that force certain type of OSP to collect or store end-user's personal information by imposing on filtering measure require further examinations. Lastly, it is not possible for ISP as mere conduit to delete illegal works, the means of its regulation as administrative regulation should be variable pursuant to the types of OSP.

목차

Ⅰ. 시작하며

Ⅱ. 일반 온라인서비스제공자에 대한 행정규제

Ⅲ. 특수한 유형의 온라인서비스제공자에 대한 행정규제

Ⅳ 행정규제시 검토 사항

Ⅴ. 맺음말

참고문헌

Abstract

키워드

행정규제 웹하드등록제 전기통신사업법 시정권고 삭제명령 정보제공명령 기술조치 특수한 유형의 OSP Administrative Regulation Webhard Registration System Telecommunications Business Act Recommendation of Correction Elimination Order Information Submission Order Technological Measure Certain Type of OSP