저작권법 제104조등 위헌소원 결정(2009헌바56)에 관한 비판적 고찰

초록

The section of the Copyright Act of Korea(KCA) provides that online service providers whose main purpose is to enable different people to interactively transmit works, etc. among themselves by using computers, etc. ( special types of online service providers ) shall take necessary measures such as technological measures intercepting illegal interactive transmission of works, etc. upon the requests of rights holders. The complainant, a corporation engaged in providing webhard services, filed a motion to request for the constitutional review of the section 104 of the KCA. alleging it violates the rule against blanket delegation, thereby violating the Constitution. However, The Constitutional Court dismissed the online service provider (“OSP”) ‘ constitutional complaint. In this ruling, the majority decided that the section 104 of the KCA does not violate the Constitution. This srticle examines the constitutional problems of Section 104 of the KCA. It also aims to analyze and criticize the Constitutional Court’s ruling. Furthermore, this study aims to offer a better understanding of the legal issues related to the liability of online service providers in Korea.

키워드