SNS상에서의 정보유통과 ‘공연성’ 개념

• 영문명: The Concept of ‘Publicity’and Circulation of Information by SNS
• 발행기관: 한국형사정책학회
• 저자명: 류부곤(Ryu, Bu-Gon)
• 간행물 정보: 『형사정책』刑事政策 第26卷 第1號, 277~301쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.04.30

영문 초록

In the korean criminal code, spread of pornography and defamation to another person is punishable with the element of ‘publicity’, whether it becomes in real life-space or in cyber-space created by network interface. That is, to punish transfer or showing of pornography to others, the transfer must be to ‘unidentified person’ or ‘large number of persons’ and the showing must be ‘publicly-opened’, whether it is in real life-space or in cyber-space. Also saying the fact concerned with defamation of character may be a crime-factor of defamation only with the condition of ‘publicity’. But in the cases of inform-circulation by ‘SNS(Social Network Service)’ - it’s the medium for communication and network-activity between individual persons - it is usually difficult to understand and decide what is the yardstick for publicity in that area. By the way, as the existing standard for publicity, in special, ‘dispersive theory’ by korean supreme court, circulation of defamational fact or pornography by internet site or SNS may be automatically considered as a conduct with publicity. Because the character of that medium is openness, connectivity and scalability. Nonetheless, the korean code of network-interface says, to punish that conduct it has need to poof the element of publicity specially. It’s important that this kind of publicity must be understand and interpreted more strictly than normal life-space. To adequate protect of harmful in Internet-space and guarantee the human rights like a freedom of expression maximumly, we need to consider the proper measure for respective mediums selectively. For the liberal inform-circulation by SNS, criminal policy about regulation may be changed and re-controled like as, the raising policy of speed-limit by the improvement of road-structure and the advancement of vehicle.

목차

Ⅰ. 문제의 제기와 관련법규

Ⅱ. 정보통신망을 이용한 정보유통과 공연성 개념

Ⅲ. SNS상 정보유통의 특성과 공연성 판단

Ⅳ. 결어

참고문헌

Abstract

키워드

공연성 명예훼손 음란물배포 전파성이론 SNS(Social Network Service) publicity defamation distribution of pornography dispersive theory