인터넷상의 기본권의 제한과 한계

• 발행기관: 한국인터넷법학회
• 저자명: 김대환
• 간행물 정보: 『인터넷법연구』제2호, 253~294쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.04.01

영문 초록

In the 21st century, the problem of the restriction and limitation of constitutional rights is of the most important interest in the field of the public law. Where the freedom and the rights of the individual are not protected, human society could not exist any more. Therefore, all obligations of the state finally concur into the obligations to protect the freedom and the rights of the individual within itself. Compared with the contents of the constitutional rights in the past, those of today have changed very much. The function of the state has also changed with it. The major change is the shift of the obligation of the state related to constitutional rights: from not to infringe inherited and untouchable freedom and rights of the individual to protect the right to live through positive action. Because the human being always wants to be free and takes to the self-determination, the freedom in the natural meaning is still meaningful to him at any time. Basically this could be said equally today, the very Internet age. Furthermore, the Internet made a person mentally more free. The ocean is in front of him. Also the ship in front of him. The thing necessary to him as a captain is the freedom to voyage intO the sea. The sea of information, called Internet, is no more under the control of one country, and exists as a stern reality just like the sea before a captain. And one more thing necessary to him is the freedom to decide everything by himself during the sailing. This idea leads us to think about the image of the human being which our constitution makes prerequisite. It is, as memioned above, because the right of self-determination of one person becomes more important in the Internet age. In comparison with the previous media, the subjective right of self-determination becomes more significant in the Internet. We could say additionally, the Internet has amplified the sociality of personal behaviors through it. The Internet overcomes relatively the resrriction of the time and space under which the previous mass media, i.e., television, newspapers, and racho, are restricted. With the development of the Internet technology, the restrictior,d) disappear more and more. When we understand the Internet from this standpoint, the fundamental axle of the policy about the constitutional rights related with the Internet could be found. That policy program should be for the enforcement of the right of self-determination and presuppose the independem person with universal sociality. Although technically the opposite could be done, normatively it should be rejected. This article is written from the point of that argument.

목차

1. 들어가는 말

2. 인터넷의 특성

3. 인터넷상의 기본권의 제한문제

4. 나오는말

참고문헌