인터넷 자율규제의 법ㆍ제도적 조건

Legal and systematic conditions for Internet self-regulation

Speed which is unlimited, it couldn't be reasonable that the deviation phenomena of internet utilization space should be free from legal management and governmental interference and legal norm and governmental intervention would well and truly bring cyberspace problems to settlement. Such is the point within limitation of administrative regulation that the pure civil self-regulation without governmental factor couldn't guarantee regulation efficiency. If so, the most effectual means of eliminating illegal or harmful element of internet based services despite particularity of internet and ensuring sound internet environment will be self-regulation governance composed of government, internet business, and private organization with cooperative consent. Now self-regulation must be distinguished from un-regulation which breaks with administrative regulation, because self-regulation of Korea is confronted with the new phase of affairs due to inauguration of KISO(Korean Internet Self-Governance Organization). On account of internet governance, Internet self-regulation is mended into social responsibility leading to conversion of discipline system from the view point of regulatory composition. In this viewpoint, this article inquires jurisprudential review of the status quo debate on internet self-regulation with regulatory patterns which contain contents regulation but almost exclude structural regulation.