사이버不法行爲에 대한 國際的 規制

International Regulation on Cybertort

&nbsp;&nbsp;As the cyberspace has been developed into place where persons are at work, cyber torts such as an infringement of privacy, defamation, transmission of obscene material or spam mail and infringement of intellectual property augment in an alarming way. The Internet’s blurring of national boundaries creates a variety of new cyber tort dilemmas. Cyber tort can occur anywhere and its damage is caused multilaterally and therefore it is difficult to regulate cyber torts. Moreover, transborderness of cyber tort raises difficult problems in deciding international jurisdiction or choice of law.<BR>&nbsp;&nbsp;This article is intended to search for an adequate solution, examining the international regulations for cyber torts at the substantive and procedural view point.<BR>&nbsp;&nbsp;This article in Chapter Ⅱ will first examine the relevant international legislations for cyber tort, such as OECD Privacy Guideline and Convention on cyber crime. Chapter ⅡI of this article will study relevant domestic legislations for cyber torts, such as EU Directives on E-Commerce and Privacy, and domestic laws of US, UK, Germany, Japan and Korea. Then, the author will examine international jurisdiction and choice of law in cyber torts in Chapter Ⅳ and Ⅴ, centering on relevant international convention and relevant domestic legislations and case laws and finally international mutual assistance against cyber torts in Chapter Ⅵ.<BR>&nbsp;&nbsp;Cyber torts are strikingly different from real torts, in the subject of cyber torts, illegality, types and patterns of those conducts, remedy and procedure thereof and therefore there is a difficulty in applying rules of real torts to cyber torts. Moreover, transborderness cause difficulties in deciding international jurisdiction or choice of law and therefore there are limits to internal regulation on cyber torts. It leads to the conclusion that, therefore, there is a need for the new substantive and procedural rules for international regulation on cyber torts. Finally, I expect this article will become a starting point and steppingstone to be of any assistance in establishing the substantive and procedural rules for international regulation on cyber torts.