인터넷 논객의 표현과 제한법리에 관한 연구: 관련판례의 분석을 중심으로

초록

This research analyzed a total 15 legal cases related with so-called ‘Internet Rongaek’ in order to review legal standard of the Korean courts on freedom of expression on the net. It was found out that the ‘Internet Rongaek’ won five in 15 cases(33.3%). The courts considered the unique characteristics of the Internet only in three cases out of 15(20%). It was revealed that Korean courts put more weight on personal right of characteristics, freedom of the press, and public good than on freedom of expression of the ‘Internet Rongaek.’ There was no case in which the courts considered the Internet Rongaek’s social and cultural meaning of the society. Based on this findings, this research intended to provide a few advices to help the courts resolve the problem in more effective way in up-coming cases.

키워드