인터넷 포털의 ‘임시차단’ 조치에 관한 탐색적 연구

초록

This study attempted to examine problems of ‘notice and takedown’ action by internet portal services under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. by analyzing the court cases and review cases of KCSC and KISO. The study has been done for the purpose of resolving the disputes that can rise by applying the action in making a balance between the users’ freedom of expression and rights of the injured by the users’ writings on the net. This study found out that the notice and takedown action was mostly asked to apply by public figures such as central and regional governments, politicians, corporations, celebrities and religious organizations. It revealed that the action can be applied to even opinions or critics, not the factual assertion, if those people who find themselves injured by the expressions on the portal sites ask to do it. This study attempted to examine problems of ‘notice and takedown’ action by internet portal services under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. by analyzing the court cases and review cases of KCSC and KISO. The study has been done for the purpose of resolving the disputes that can rise by applying the action in making a balance between the users’ freedom of expression and rights of the injured by the users’ writings on the net. This study found out that the notice and takedown action was mostly asked to apply by public figures such as central and regional governments, politicians, corporations, celebrities and religious organizations. It revealed that the action can be applied to even opinions or critics, not the factual assertion, if those people who find themselves injured by the expressions on the portal sites ask to do it.

키워드